Work Place Law With Ben Frimpong-Sex (Gender) 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. Part 2 will focus on Sex (Gender) and National Origin 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.
Sex-Based Discrimination
Sex-Based Discrimination deals with treating someone differently because of their gender. This also includes regarding and treating a person less favorably because of his or her connection with an organization or group that is generally associated with people of a certain sex.
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.
Sexual Harassment
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. It is important to note that harassment does not have to be of a sexual nature. It could include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. It is also illegal to harass a man by making offensive remarks about men in general. The victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
The EEOC makes it clear that the even though the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, 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 or demoted). 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.
National Origin Discrimination
National origin discrimination is defined as the denial of equal employment opportunity because of an individual's, or his or her ancestor's, place of origin; or because an individual has the physical, cultural or linguistic characteristics of a national origin group. It also includes treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not).
National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin or because of their connection with an ethnic organization or group.
Work Situations
The EEOC makes it clear that 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.
National Origin & Harassment
The EEOC makes it clear it is unlawful to harass a person because of his or her national origin. Harassment can include, for example, offensive or derogatory remarks about a person’s national origin, accent or ethnicity. 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 or demoted). 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.
Citizenship Discrimination & Workplace Laws
The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract.
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 about deadline to file a complaint processes 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.
