What Is Considered Discrimination in the Workplace?
Employment discrimination occurs when an employee or job applicant is treated differently because of a specific reason, such as their race. Federal and state laws prohibit discrimination and retaliation in the workplace. In fact, the Kentucky Civil Rights Act makes it unlawful to discriminate against people in the areas of employment. Our Louisville employment law attorneys explain what is considered workplace discrimination.
If you are experiencing discrimination in the workplace, you should seek guidance from an experienced attorney. Contact our Louisville discrimination defense lawyers today at (502) 890-9954 to schedule a consultation!
What Is Workplace Discrimination?
Workplace discrimination occurs when an employee or job candidate is treated unfavorably because of their age, gender, sexual orientation, and more. Common prejudicial treatment includes firing, denied promotions, reduction of salary, training, etc. Many people often confuse discrimination with harassment. In fact, the harassment of an employee can be considered a form of discrimination.
What Are Different Types of Workplace Discrimination?
In most cases, discrimination occurs when an individual is treated unfairly because of their age, sexual orientation, etc. For example, it would be considered workplace discrimination if a company stated or suggested a preferred candidate in their job advertisement. Another common example is paying equally qualified employees in the same position different salaries. There are many different behaviors that employers or employees can do that could be considered discrimination. If you aren’t sure if your situation is considered discrimination, an experienced attorney can analyze your case.
You are likely experiencing discrimination in the workplace if you are being treated unfavorably due to the following:
- Skin Color
- National Origin
- Mental or Physical Disability
- Genetic Information
- Relationship to someone who may be discriminated against
- Pregnancy or Parenthood
Workplace Discrimination & Retaliation
According to the U.S. Equal Employment Opportunity Commission (EEOC), there are nearly 40,000 workplace discrimination charges due to retaliation. Federal laws prohibit companies from subjecting employees to unfair treatment based on a legally protected action. For example, employers can’t retaliate against employees who have filed a sexual harassment claim against a superior or because they reported illegal activity occurring in the company.
The EEOC reported nearly 25,000 disability discrimination claims across the country. The Americans With Disabilities Act (ADA) of 1990, made it illegal for employees or job candidates to receive discriminatory behavior because of their disability. Federal law protects disabled workers by ensuring that employers not only eliminate discrimination but also provide reasonable accommodation to these workers.
Discrimination Complaints Filed to EEOC
The U.S. Equal Employment Opportunity Commission (EEOC) released detailed breakdowns for the 72,675 charges of workplace discrimination the agency received in the fiscal year 2019. The data below shows that the most frequently filed charges include retaliation, followed by disability, race, and sex.
Below are the types of complaints filed to the EEOC in 2019:
- Retaliation: 39,110 (53.8 percent of all charges filed)
- Disability: 24,238 (33.4 percent)
- Race: 23,976 (33.0 percent)
- Sex: 23,532 (32.4 percent)
- Age: 15,573 (21.4 percent)
- National Origin: 7,009 (9.6 percent)
- Color: 3,415 (4.7 percent)
- Religion: 2,725 (3.7 percent)
- Equal Pay Act: 1,117 (1.5 percent)
- Genetic Information: 209 (0.3 percent)
Call Our Louisville Employment Law Attorneys Today!
If you believe that you are facing discrimination in the workplace, you are entitled to file a claim against your employer for their wrongdoing. Our Louisville employment law attorneys have successfully helped numerous Kentuckians and employees from Southern Indiana fight back against unjust and illegal employer behaviors. Our employment discrimination attorneys are knowledgeable of recent updates to the law, and they are well-versed in the processes of filing a lawsuit for employment discrimination and retaliation.