Employer discrimination is a type of discrimination by employers based on sex, race, religion, nationality, national origin, age, disability, ancestry, or sex identity by private employers. Many types of employment discrimination occur in the private, nonprofit, government, and educational sectors of the American work force, such as sexual harassment, pay differentials, and racial discrimination.
In order for an employee to be protected by the law against employer discrimination, he or she must be able to show that the employer’s conduct is motivated by an employee’s status or protected by a legitimate business necessity. If an employee has a legitimate protected status, an employer may not have a legitimate business reason to discriminate against him or her. A good example of this can be a disabled employee needing assistance with his or her job.
Although some states have laws against employment discrimination, many employers still engage in unlawful discrimination. For example, a person who is denied a promotion or advancement because of their disability or other protected status may have a legal case against his or her employer. However, it may take years to gather sufficient evidence to win a discrimination case in court.
If you believe you have been discriminated against by an employer, you should immediately report the alleged discrimination to your human resources department, as well as to the Equal Employment Opportunity Commission (EEOC). You may also want to contact your attorney or other professional to help gather the necessary evidence to support your complaint.
If you have filed a complaint of discrimination, you may be entitled to a variety of remedies to protect your employee’s rights under federal and state anti-discrimination laws. For example, if the company refuses to give you promotions or pay raises, you may be eligible to file a lawsuit under Title VII, the most important federal law against employment discrimination. Title VII states that an employer cannot discriminate against you or hire and discharge you because of your race, color, religion, sex, or national origin. Additionally, a state anti-discrimination law might protect you if you feel you have been discriminated against.
An employment discrimination attorney can also help you decide if you have a strong case and what remedies are available. The attorney will review your employment records and employment contract to determine if the company’s conduct violates the federal or state anti-discrimination laws. Once the attorney determines you have a strong case, he or she will provide free consultations to help you decide if you have a valid claim.