To “discriminate” against someone means to treat that person differently, or less favorably, for some reason. Workplace discrimination refers to laws that prohibit employers from treating employees and applicants differently based on certain attributes. Specifically, an employee or applicant who is treated differently, or less favorably, because of their race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information may have a cause of action of discrimination. Discriminatory practices include bias in hiring, promotion, job assignment, compensation, termination, and various types of harassment. Employment discrimination may also occur if an employer disciplines, terminates, or otherwise takes unfavorable actions against an employee or applicant in retaliation for complaining of discriminatory conduct. Every employer has the obligation to provide employees the right to a working environment free of discrimination.

While federal protections against discrimination are grounded in the U.S. Constitution and private protections are based on a number of statutes, prohibitions against workplace discrimination work similarly. The main body of employment discrimination law consists of federal, state and local statutes and ordinances. When a governmental body acts as an employer, it usually implements policies that prohibit discrimination and procedures by which a complaint can be filed and processed. While most private sector employer have the same legal obligations, their compliance with the law can vary.

When hiring our firm, we can help you understand whether actionable discrimination has occurred and what your rights are.