Discrimination refers to treatment, consideration or distinction in favour of or against a person or thing based on the group, class or category to which that person or thing belongs, rather than on individual merit. Discrimination may be the effect of an established law or practice that grants privileges to a particular class or denies privileges to a particular class on the basis of race, age, sex, nationality, religion or disability. Federal law, including Title VII of the Civil Rights Act, prohibits discrimination in the workplace based on any of these characteristics. Other federal laws, supplemented by court rulings, prohibit discrimination in the right to vote, housing, loans, public education, and access to public facilities. State laws also provide additional protection against discrimination. The Genetic Information Non-Discrimination Act 2008 prohibits discrimination on the basis of genetic information and is enforced by the EOCC. State and local laws can also protect individuals from discrimination. For example, gays and lesbians, while not yet covered by federal civil rights laws, are protected in many cities by local ordinances prohibiting discrimination against individuals on the basis of sexual orientation. Minnesota, New Jersey, Rhode Island, Vermont, Wisconsin and other states have passed such laws — though some voters have tried to repeal them, with mixed results. Local anti-discrimination laws have been used to deny funding to groups that exclude members on the basis of their sexual orientation.

This was the case after the Supreme Court released its decision in Boys Scouts of America v. Dale, 530 U.S. 640, 120 S.Ct. 2446, 147 L.Ed.2d 554 (2000). The court ruled that the Boy Scouts of America (BSA), as a private organization, had the constitutional right to expel homosexual troop leaders and members of its ranks. Scouts hailed the victory as an important victory, but many businesses and local governments were upset by the decision. Today, most states have their own anti-discrimination laws equivalent to those at the federal level. For example, in the State of Texas, Title 2, Chapter 21 of the Labor Code prohibits discrimination in the workplace. Many of the mandates of this Texas law are based on Title VII of the Civil Rights Act of 1964, the federal law that makes discrimination in the workplace illegal. Federal and state laws prohibit discrimination against members of protected groups (see above) in a number of contexts, including: Consider your options: It may be best to resolve the situation informally by first talking to a supervisor or manager. Follow your employer`s grievance procedure, if applicable. Talk to your union representative or a member of the employer`s human resources department if you are not a union member.

You can also file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH), which will investigate your complaint free of charge and attempt to resolve the issue. If you file a complaint with one of these organizations, you should ask that they also “cross” your complaint with the other organization. You must file a complaint with the EEOC within 300 days of the last act of discrimination or harassment or with the DEFEH within one year of the last act of discrimination. (Note: Federal government employees must report to their organization`s Equal Employment Opportunity Office within 45 days.) If you do not file a complaint within these deadlines, you may lose your right to legal protection against discrimination or harassment. [1] The Black Lung Act prohibits the discrimination of minors suffering from “black lung” (pneumoconiosis) by minors. The Constitution does not directly restrict discrimination in the private sector, but the private sector is subject to a growing number of federal and state laws. To learn more about national discrimination laws, see our Legal Responses to Discrimination Act page. These state and federal laws prohibit employers from refusing to hire a candidate, terminating an employee, or changing other terms of employment (such as salary or benefits) if the reason for the action is that the employee or applicant is a member of a protected group. Discrimination can take many forms and does not even have to be intentional to be illegal. Two common types of discrimination against which the law protects are: “Unequal treatment”: This means that an employer intentionally targets a person or group of people for unequal treatment on an unlawful ground. For example, a victim of “unequal treatment” could be someone who: is denied a position or promotion because of their race; feeling insecure or humiliated by repeated remarks about women or people of colour by a supervisor or co-workers; being pressured by a supervisor to engage in sexual activity in order to maintain employment; threatened because of their sexual orientation.

“Disparate impact”: This term applies when an employer has a discriminatory policy or practice – although it does not select a protected group for different treatment – and that is not related to an actual workplace requirement. This type of discrimination does not have to be intentional to be illegal. Examples of such strategies or practices include: imposing lifting requirements on a job that does not actually need to be lifted (these requirements tend to exclude women or people with certain disabilities); a written test that excludes almost all non-white people and is not tied to job requirements; Employees are prohibited from speaking a language other than English at all times while working. Not all types of discrimination violate federal and/or state laws that prohibit discrimination. Some types of unequal treatment are perfectly legal and cannot form the basis of a civil rights process alleging discrimination. The following examples illustrate the difference between legal and unlawful discrimination: You may be familiar with the word “discrimination.” But do you know what that really means? And do you understand how that applies in the context of your work? The Don`t Ask, Don`t Tell Repeal Act of 2010 allowed openly gay, lesbian, and bisexual Americans to serve in the armed forces without discrimination. The American with Disabilities Act (ADA) was enacted to eliminate discrimination against persons with disabilities. It prohibits discrimination on the basis of physical or mental disability by employers engaged in interstate commerce and state governments. The nature of the prohibited discrimination is broader than that expressly described in Title VII. The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, promotion, compensation, training, and other employment conditions and privileges. It applies to recruitment, advertising, employment, dismissal, vacation, benefits and all other employment-related activities. State laws also provide comprehensive protection against discrimination in the workplace.

Some laws provide employers who are not covered by these laws with protections similar to those offered by federal laws. Other statutes provide protections for groups that are not covered by federal laws. Laws enforced by the EEOC protect you from discrimination in the workplace if they include: The EEOC interprets and enforces the Equal Pay Act, the Age Discrimination in Employment Act, Title VII, the Americans with Disabilities Act, sections of the Rehabilitation Act, and other laws. The Commission was established by Title VII. 42, Section 2000e-5 contains its implementing provisions, and Title 29 of Part 1614 of the Code of Federal Regulations contains its rules and guidelines. State laws also provide comprehensive protection against discrimination in the workplace, with some laws extending protections similar to federal laws to employers who are not covered by those laws. Other statutes provide protections for groups that are not covered by federal laws. A number of state laws provide protection for persons who perform civil or family functions outside their normal employment. Most laws prohibiting discrimination and many legal definitions of “discriminatory” acts come from the federal level: in 1990, Congress passed the American with Disabilities Act to eliminate discrimination against persons with disabilities. It prohibits discrimination on the basis of physical or mental disability by private employers, state and local governments, trade unions and employment agencies.

The AD Agreement prohibits discrimination in the broad sense of that expressly described in Title VII. Municipalities within states (such as cities, counties, and municipalities) may enact their own anti-discrimination laws or ordinances, which may or may not be similar to the laws of the state itself. For example, a city may pass laws mandating national benefits for municipal employees and their same-sex partners, even if such a law does not exist at the state level. Federal and state laws prohibit an employer from discriminating against employees or applicants who are members of a protected group during hiring, termination, compensation, or other terms and conditions of employment. However, these laws only apply if the employer has at least the number of employees listed below: Although gender discrimination is included in Title VII of the Civil Rights Act of 1964, a number of other federal statutes also prohibit sex discrimination.