WHAT IS EMPLOYMENT DISCRIMINATION?

Employment discrimination, also known as workplace discrimination, occurs any time an employer or related party discriminates against an employee or potential employee based on a protected class.

This includes discriminatory practices in the following areas:

• Hiring
• Job advertisements
• Training
• Job referrals
• Compensation
• Disciplining
• Employment terms and conditions
• Recruiting
• Promoting
• Firing/termination
• Transferring
• Benefits
• Reasonable accommodations

Workplace harassment, including instances of hostile work environments, often falls under discrimination laws, as do issues regarding ADA compliance.

Workplace discrimination is overseen by the U.S. Equal Employment Opportunity Commission (EEOC), which reviews complaints and enforces various laws related to workplace discrimination and harassment.

PROTECTED CLASSES

State and federal laws prohibit workplace discrimination based on several “protected classes.”

On the national level, these protected classes include:

• Race
• Religion
• Age (40 and older)
• Genetic information
• Sex, including pregnancy, sexual orientation, and gender identity
• Color
• National origin
• Disability
• Citizenship

Most states have adopted employment discrimination laws that make it illegal for employers, hiring managers, and related parties to discriminate against an employee or applicant based on additional protected classes.

Depending on the state, these protected classes may also include:

• Medical condition
• Military status
• Status as a victim of domestic violence or stalking
• Gender expression
• Creed
• Political affiliation or activities
• Veteran status
• Martial status
• AIDS/HIV status
• Prior arrest or conviction records

It is important that you know and understand the laws in your state, as they have a significant impact on your rights and your ability to file an employment discrimination claim. If you believe that you may have a workplace discrimination case, we urge you to contact our attorneys at Potts Law Firm right away.

WHICH EMPLOYERS ARE SUBJECT TO EMPLOYMENT DISCRIMINATION LAWS?

State and federal workplace discrimination laws apply to different employers based on several factors, including the number of employees the employer has and the state(s) in which they conduct business.

Generally speaking, employers are subject to the following discrimination-related employment laws based on the following numbers of employees:

• At Least One Employee: Employers with at least one employee must follow laws mandating equal pay for equal work performed by male, female, and nonbinary employees.
• 15 to 19 Employees: Employers with 15 to 19 employees are subject to laws prohibiting discrimination based on race, color, religion, sex, national origin, disability, and genetic information.
• 20 or More Employees: In addition to the protected classes for employers with 15 to 19 employees, employers with at least 20 employees must also follow laws prohibiting discrimination based on age when an employee is 40 or older.

Note that these are just the federal laws employers must follow based on the number of employees they have; state laws may also apply and could affect the discrimination laws to which an employer is subject.

DAMAGES IN WORKPLACE DISCRIMINATION CASES

Experiencing workplace discrimination is immensely difficult and, in some cases, downright frightening. It can be frustrating or overwhelming, and you may feel uncertain as to your rights and whether you can sue your employer for unjust and discriminatory practices.

The answer is yes; if your employer or potential employer discriminated against you, leading to emotional and/or financial hardship, you have the right to take legal action.

You can file a lawsuit and seek compensation for certain damages, such as:

• Lost wages
• Reinstatement
• Attorney fees
• Compensatory damages (pain and suffering, emotional distress, medical bills, etc.)
• Back pay
• Reasonable accommodations
• Punitive damages, including liquidated damages
• Lost benefits (health insurance, pensions, sick leave, etc.)

Various factors influence the exact damages you may be entitled to receive, as well as the overall value of your claim. We recommend that you schedule a complimentary consultation with one of our employment discrimination lawyers to learn more.