Discrimination in the workplace according to the US federal laws is something that could happen at any time- be it hiring someone, promoting or demoting someone, or even when firing someone. The discrimination arises from the fact that there is some sort of prejudice that leads to an unfair treatment among two different employees. There are various judicial laws and legal provisions that explain this legal term and cater to the needs of people who are suffering because of the same, in any way.
Employees can be diverse and treat them differently because of their racial or genetic diversity is considered to be discrimination in a workplace. Other than racial and genetic diversity and its related discrimination, discrimination can also happen on the following basis- gender, age, religion, pregnancy, sexual orientations, disability, etc.
There are both state laws and federal laws to protect the employees from any kind of discrimination in a workplace. In fact, some state laws are known to be stricter than the federal laws.
Racial discrimination: The title VII of the Civil Rights Act, 1964 of the US federal laws puts a prohibition on all kinds of acts that lead to discrimination on the basis of the race of a person. This particular legal provision prohibits the employers from practicing the activities of racial discrimination, i.e. discriminating between people on the basis of the race they belong to, or the skin color they possess or any particular characteristics they possess. All kinds of harassments and discriminations are covered under this law. If a particular activity has a negative impact of any kind on any person or their racial group, it can be covered under this legal provision.
Pregnancy related discrimination: Any discrimination against women, because of the fact that they are under medical conditions related to childbirth and pregnancy can be covered under Title VII of the Pregnancy Discrimination Act of the US federal government.
Gender Discrimination: The Title VII of the Civil Rights Act, 1964 also prohibits any form of discrimination on the basis of sex or gender of a person. In a workplace, if employees face any form of discrimination arising from the gender, or even for the fact the sexual orientation of a person is completely prohibited. Therefore, anything that affects any opportunities or advances for a person at their workplace, for all the genders, homosexuals, transgenders, are covered under this particular Title.
Discriminating acts arising out of disability: Title VII also prohibits any act of discrimination in a particular workplace. If a person is qualified enough, no matter what their disability is, denying them of the necessary opportunities as well as promotions is prohibited. Similarly, the ADA or the Americans with Disability Act also makes provisions for similar things.
Equal Remuneration: Discrimination in the realm of remuneration is strictly prohibited in a workplace according to the Equal Pay Act and also the Title VII. discrimination in remuneration on the basis of gender, or religion or any other form of disability is prohibited and it is stated that employees of the same level or position must be paid equally, or in other words- equal pay for equal work.
The Age Discrimination in Employment Act, 1967 protects the people of ages 40 and above from all kinds of discrimination in their particular workplace.
The Genetic Information NonDiscrimination Act, 2008 prohibits discrimination on the basis of the makeup of a person’s’ genetics and related genetic information. Any genetic makeup, any genetic disorder, or any other disease, if becomes a reason for discrimination in a workplace shall be deemed as illegal.
The Civil Rights Act, 1991, Section 102 along with section 103 makes provisions for jury trials as well as compensatory damage reimbursements to be awarded to people who have faced discrimination in the workplace in any form, intentionally.
The Rehabilitation Act, 1973, section 501 and section 505 cover acts of discrimination against qualified people who are disabled as illegal. In addition to this, any act of retaliation against a person who has filed a complaint against any form of discrimination in their workplace shall be deemed illegal.