The laws in the United States protect the rights of employees. One of the most important issues addressed in employment law is discrimination. Employees have the right to be free from unfair treatment based on protected characteristics. When a person has experienced workplace discrimination, a number of legal options may be available to address this issue.

In many cases, employees may be unaware of what types of actions by employers or coworkers are considered to be acceptable. By understanding their rights and the protections available to them under the law, employees can determine how to address these issues. An employment law attorney who handles matters involving workplace discrimination, retaliation, and wrongful termination can provide guidance in these situations, advising employees on the steps they can take to address discrimination and protect their rights.

Different Types of Workplace Discrimination

In general, discrimination involves unfair or unequal treatment based on an employee’s protected characteristics. Discrimination may be related to a company’s hiring practices, including what candidates are considered for different positions and the level of pay offered to different employees. 

Internal procedures may also be discriminatory. When employees in certain categories are denied promotions or are not provided with the same benefits as other employees, this may be considered discrimination. Discipline based on protected characteristics could also lead to discrimination claims.

In addition to company policies or other discriminatory actions by employers, employees may encounter discrimination in the form of a hostile work environment. If coworkers or customers engage in harassment or other hostile behavior that causes emotional distress, puts a person’s safety at risk, or affects their ability to perform their duties, an employee can bring these issues to the attention of their employer. If the employer fails to address these concerns, this may be considered discrimination.

An employment discrimination lawyer can help determine whether an employer’s actions, policies, or failure to address a hostile work environment may qualify as discrimination. They can help employees determine what steps to take to address these issues.

Discrimination Related to Protected Characteristics

Federal and state laws provide employees with protection against discrimination based on various factors, including:

• Race: If a person’s ethnicity, national origin, skin color, or other racial characteristics are factors considered when hiring or promoting employees, offering benefits, or taking disciplinary action, this may be considered discrimination. Race discrimination may involve unequal pay for certain employees or other forms of unfair treatment.
• Religion: Employers are prohibited from treating employees differently based on the religion they practice. For example, if some employees are allowed to take time off to participate in certain religious activities, an employer may be required to provide similar opportunities to employees who practice other religions. Discipline based on a person’s religious practices or refusal to allow employees to wear certain types of clothing required by their religion may be considered discrimination.
• Sex/Gender: Federal laws require employers to treat all employees equally, regardless of their gender or sexual orientation. Employers are required to pay male and female employees equally for equal work. Discrimination based on sex or gender may include refusing to hire a person, passing them over for promotion, or terminating them because of their sex, marital status, or pregnancy. Discrimination may also involve the refusal to provide accommodations for certain employees, such as lactation breaks for new mothers.
• Age: In some cases, older employees may face discrimination due to the perception that they are less competent than younger workers. Age-based discrimination may include passing people over for promotions, providing unequal pay, or terminating a person due to their age. 
• Disability: Employers are required to provide reasonable accommodations for employees who have physical or mental disabilities. An employer’s refusal to take steps to ensure that a disabled employee can perform their duties effectively may be considered discrimination. Penalizing an employee based on a disability, such as terminating them or refusing to promote them, may also be a form of discrimination.

To determine whether an employer’s actions or policies may be discriminatory, an employee can discuss their situation with an employment discrimination attorney. Depending on how a person has been affected by these issues, a lawyer can provide guidance on what steps can be taken to protect an employee’s rights.

Employment Discrimination Claims

When a person has experienced workplace discrimination, they may have a number of options for addressing these issues. In many cases, claims can be filed with the federal Equal Employment Opportunity Commission (EEOC) or the relevant state agencies. Government officials may investigate claims of discrimination and determine the appropriate actions to take.

An employment discrimination lawyer can also help file a lawsuit against an employer to address the harm an employee has suffered due to discrimination. These lawsuits may address the wrongful termination of an employee due to protected factors, retaliation against an employee by an employer for reporting discrimination, workplace policies that treated employees unfairly based on protected characteristics, or failure to address a hostile work environment.

A lawsuit may provide a number of remedies for an employee who has suffered discrimination, including:

• Restoring a person to their former position after a wrongful termination
• Requiring an employer to provide an employee with the proper wages based on their qualifications and experience
• Payment of back pay and benefits that were denied to an employee
• Compensation for the financial losses and emotional trauma an employee experienced due to discrimination
• Requirements for an employer to implement policies and procedures to protect employees against discrimination in the future

With the protections that are provided to employees under the law, unfair and unequal treatment can be addressed. An attorney who has experience representing clients in these types of cases can discuss concerns about discrimination and advise a person on the available options. With the help of a lawyer, an employee may negotiate agreements with an employer, file claims with government agencies, or pursue a lawsuit, and they can make sure their rights will be protected.

Disclaimer: The content provided in this article is for general informational purposes only and should not be construed as legal advice. Employment law can vary by jurisdiction, and specific circumstances may affect the legal options available to individuals. Readers are encouraged to consult with a qualified employment law attorney to discuss their situation and obtain professional guidance on any potential discrimination claims.