The United States is one of the countries that most protects its workers with regulations and laws; guarantees rights and provides benefits; which makes it in high demand as a place to develop professionally. One of the rights the US offers is a “no discrimination” policy against employees.
Federal law prohibits workplace discrimination in the United States based on national origin, sex or gender, religion, political affiliation or beliefs, sexual preference, pregnancy, race, age, and disability.
Labor discrimination is defined as a distinction or differentiation made in favor of or against an employee or applicant for a job, in comparison with others, for reasons of class or category without considering individual professional merit.
Since the creation of the Civil Rights Act of 1964, federal and state governments have promoted laws that prohibit employers from discriminating against their workers for reasons unrelated to the quality of their work or their character. One of the most well-known laws against discrimination is Title VII of the Civil Rights Decree of 1964, which prohibits employers with 15 or more employees from discriminating based on age, race, nationality or origin, gender, or religion.
All companies must provide an environment free of discrimination, not only from superiors, but also from other co-workers. Regulations must be communicated that make clear the prohibition of this type of action and the right of mutual respect should be encouraged among workers. Likewise, rules and procedures should be used in case of labor discrimination complaints and management personnel should be trained in how to correctly proceed in these situations.
There are also many resources to protect workers, such as the Equal Opportunity Employment Commission (EEOC), the Departments of Labor in each state of the US, the Fair Employment Practices Agencies (FEPA), and specialized organizations such as the Americans with Disabilities Act (ADA).
Some examples of workplace discrimination are:
- Refusing to hire based on age, gender, nationality or origin, language, or religion
- Disciplining in a degrading way
- Dismissing unjustly
- Denying training
- Denying promotion to higher positions
- Paying less than others who perform the same job receive because of difference of gender, age, race, or nationality
- Harassment, degradation, or verbal mistreatment from employers or superiors
- Denying work or firing due to pregnancy
- Reverse discrimination, when an employer only hires people from certain racial minorities for his or her dealings and refuses to hire other workers
- Terminating so as to give the position to a younger employee
- Terminating or refusing to hire due to permanent disability in positions that the disabled can perform
Some measures to reduce the possibilities of discrimination in the workplace are:
- Be informed of the rights you have as a worker in the company.
- Know who is responsible for your labor rights in your company.
- Review all company regulations and policy manuals.
- Talk with your boss.
- Do not sign documents you do not understand or that are not clear to you.
If you are suffering from discrimination or believe you have been discriminated against at your job, the best thing to do is to take legal action against the company or employer and obtain workers’ compensation. At Grupo MedLegal, we have a specialized legal team for this type of case, and we will gladly provide free consultation. We are located in various cities across the United States.
This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.