Everyone deserves to work in an environment where they are treated fairly and with respect. Unfortunately, workplace discrimination can affect hiring, promotions, pay, job assignments, working conditions, and even an employee’s ability to keep their job.
Understanding employee rights against workplace discrimination can help workers recognize potentially unlawful treatment and know what steps they can take when problems arise.
What Is Workplace Discrimination?
Workplace discrimination occurs when an employee or job applicant is treated unfairly because of a legally protected characteristic. In the United States, federal laws enforced by the Equal Employment Opportunity Commission (EEOC) protect workers from discrimination based on factors including race, color, religion, sex, national origin, disability, age 40 or older, and genetic information.
State and local laws may provide additional protections.
What Employment Decisions Are Protected?
Workplace discrimination isn’t limited to termination. Federal employment discrimination laws can apply to many aspects of employment, including:
- Hiring and recruitment
- Pay and compensation
- Promotions
- Job assignments
- Training
- Transfers
- Benefits
- Layoffs
- Termination
- Workplace harassment
Employers may also have legal obligations to provide certain reasonable accommodations for qualified employees with disabilities and, in applicable circumstances, for religious beliefs or pregnancy-related needs.
Employees Have Protection Against Retaliation
One important employee right is protection from retaliation.
An employer generally cannot punish an employee simply because the employee complained about discrimination, filed a discrimination charge, or participated in an investigation or lawsuit involving discrimination.
Retaliation can potentially include actions such as termination, demotion, or other unfavorable treatment, depending on the circumstances.
What Should You Do If You Experience Discrimination?
If you believe you’ve experienced workplace discrimination, start by keeping accurate records. Save relevant emails, messages, performance reviews, employment documents, and other communications. Write down important events, including dates, people involved, and what occurred.
You may also want to review your employer’s internal complaint procedures. Depending on the situation, reporting the issue through the appropriate workplace channel may be an important step.
If you believe federal employment discrimination laws have been violated, you can contact the EEOC. There are strict deadlines for filing a charge. Generally, the deadline is 180 calendar days, although it can be extended to 300 days when applicable state or local law also prohibits discrimination on the same basis.
Why Acting Promptly Matters
Workplace discrimination claims can involve complicated facts and legal deadlines. Waiting too long can potentially affect your ability to pursue certain remedies.
If you believe your rights have been violated, consider speaking with an employment attorney or contacting the appropriate government agency as soon as possible.
Final Thoughts
Knowing your employee rights against workplace discrimination is an important part of protecting yourself professionally. Discrimination can take many forms, from unequal pay and denied promotions to harassment and discriminatory termination.
If you suspect discrimination, document what happened, understand the policies and laws that apply to your situation, and seek appropriate legal guidance. Because employment laws differ by jurisdiction and individual circumstances matter, professional advice can help you understand your available options.