Work Place Law With Ben Frimpong-EMPLOYMENT LAW DISCRIMINATION
Posted by Isaac Amo Kyereme | Posted in Law Immigration and You,
In our December 2010 edition, part 1 of our series focused on race/color and religious discrimination. In January, part 2 focused on Sex (Gender) and National Origin Discrimination. In this edition, we will focus our discussion on age and disability discrimination. As previously mentioned, the U.S. Equal Employment Commission (EEOC) enforces Federal laws prohibiting employment discrimination. These laws protect individuals against employment discrimination and unfair treatment on the basis of a person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
Age Discrimination
The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.
Work Situations
The ADEA prohibits employers from discriminating against persons over the age of 40 when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
In addition, the ADEA prohibits harassment in the workplace of a person because of his or her age. Examples of harassment include offensive remarks about a person's age or derogatory remarks about a person’s ability or inability to perform a certain job. It is important to realize that harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired, demoted, or forced to quit.
The EEOC’s guidelines indicate that the harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Disability
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.
The EEOC recognizes that Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship"). The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.
Work Situations
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Harassment
It is illegal to harass an applicant or employee because he has a disability, had a disability in the past, or is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).
Harassment can include, for example, offensive remarks about a person's disability. The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Reasonable Accommodation
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer. A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.
Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.
If you believe that you have been discriminated against at work you can file a charge of discrimination with your local EEOC office. More information can be found at www.eeoc.gov.
Disclaimer: This article is for informational purposes only and does not, in any way, constitute legal advice. You should not rely upon any of the information without first seeking professional legal advice.
