Discrimination

Federal law forbids an employer from discriminating on the grounds of race, national origin, sex, veteran status, religion, age, pregnancy, and disability. Some state and local laws go further, banning discrimination based on sexual orientation.

Race

Racial discrimination occurs if you treat your employees differently because of race or because of a characteristic that is related to race. For example, if an African-American worker is fired because the worker has black hair, that might be race discrimination because most African-American people have black hair.

National origin

National origin discrimination occurs if an employee is treated unfairly because of the country the employee came from or because of the employee’s ancestry. For example, if you decide not to hire an employee because he comes from India, that is national origin discrimination. It also would be national origin discrimination if you decided to fire an employee after learning that the employee’s family came from Nicaragua three generations earlier. Although national origin is often related to race, it is not necessarily the same thing.

Foreign accents

Generally, you may not treat a worker differently because of a foreign accent. This is national origin discrimination – unless the worker’s accent gets in the way of performing the job. For example, if the employee is required to have good communication skills to get a promotion, you can pass the employee over for the promotion if his accent interferes with his work. On the other hand, if the worker can show that his accent did not significantly affect his ability to communicate with customers or coworkers, refusal to promote the employee might constitute national origin discrimination.

Can I require my employees to speak only English?

Employers may require employees to speak only English at work where necessary for safe and efficient job performance. But such a requirement might be viewed as national origin discrimination if it is not reasonably related to the needs of the job and it is applied to employees who cannot speak English at all or who speak very limited English.

American citizenship

“National origin” discrimination does not include discrimination based solely on one’s citizenship. Therefore, an employer could refuse to hire someone who is not a U.S. citizen – unless that employer does so because of the applicant’s national origin.

Discrimination based on Veteran status

You cannot be denied a job, fired from a job, or otherwise discriminated against based on your military veteran status.

Discrimination based on religion

You cannot be discriminated against because of your religious beliefs.

Under certain circumstances your employer may even be required to accommodate those beliefs – as long as that accommodation does not cause a hardship for your employer. For example, if you need to take a certain day off as a religious holiday, your employer should try to give you that day off, unless that would violate the seniority rights of other workers who want the day off instead of you.

Sex discrimination or gender discrimination

You are probably a victim of sex discrimination (also known as “gender” discrimination) if your employer treats you differently because of your sex or because of a characteristic that is related to your sex.

It also is sex discrimination or gender discrimination if your employer treats you differently because you do not conform to a certain gender “stereotype”. For example, an employer may not refuse to promote a woman because her employer thinks she acts too assertively – and therefore is not “feminine” enough.

In very limited circumstances, an employer may discriminate on the basis of sex: if it is absolutely necessary for the job. For example, an employer could refuse to hire a man to clean a women’s bathroom or changing room if women would be in the room at the time it needed cleaning.

Sexual orientation discrimination

There is no federal law that protects employees from discrimination on the basis of sexual orientation. Some states and cities, however, have laws that prohibit discrimination because an employee is gay, lesbian, or bisexual. You should check with a local attorney who specializes in employment law if you think you have been the victim of sexual orientation discrimination.

Age discrimination

The federal Age Discrimination in Employment Act (ADEA) protects employees against age discrimination.

How old do I have to be to be protected under age discrimination laws?

You must be at least 40 years old to qualify for federal age discrimination protection. So, if you are under 40 years old, you cannot file a claim for age discrimination, even if your employer told you that you were too old or too young to perform a certain job. Some states and cities, however, may have age discrimination laws that do not have a minimum age.

Firing because of “high salary” and age discrimination

Suppose your employer fires you because your salary has gotten higher over the years. Is that age discrimination? Generally, no. It is difficult to show that the employer did this because of your age rather than to save money – unless you have evidence that your employer kept younger workers whose salaries were as high as yours.

Pregnancy discrimination

Under the federal Pregnancy Discrimination Act, it is illegal for your employer to discriminate against you because you are pregnant or because you have complications arising from your pregnancy. If you are pregnant, you also may be entitled to a family and medical leave and a return to your former position after the birth of your child.

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