|
|
|
|
|
|  | 
WHAT IS DISCRIMINATION?
Generally, discrimination is the unlawful and intentional act of unfair treatment of a person based on race, ethnicity, sex (gender), religion, national origin, physical or mental disability, age and more recently sexual preference... These categories of discrimination are federally mandated categories that are recognized and enforced throughout the United States. Some states have laws that also protect against discrimination on the basis of marital or familial status.
| Discrimination is simply being subjected to treatment that is a result of a dislike or preference among people. Not all discrimination is illegal. Illegal discrimination is based upon recognized and regulated “protected categories” as outlined above. If the unfair treatment is because of some category that is not protected, although it may be unfair, hurtful, and not nice, it is not illegal. For example, it is not illegal for your boss to harass you unless it is based upon an illegal reason or affects one of the “protected categories”, such as your sex, your race or a recognized disability.
Even though it seems unfair, it is not illegal to have a bullying boss. The law does not require that your boss be nice, kind or fair, only that your boss does not treat you differently because of, again, your race, sex, religion, etc. |
SOME TYPES OF ILLEGAL DISCRIMINATION
Employment discrimination is one of the most litigated forms of discrimination. Typically employment discrimination involves a worker who has been discriminated against by being treated differently (almost always worse) than others in the workforce although possessing the same or better qualifications for a particular job. The unfavorable treatment occurs due to the workers race, gender (sex), religious preference, age or disability. Employment discrimination can take the form of an adverse action that affects an employee economically like, failure to promote, demotion, suspension, termination, or loss of benefits. If it can be proven that any of these were motivated in part because of the persons “protected category” status, i.e. because of the person’s sex, race, etc. it is unlawful and constitutes discrimination. Employment discrimination can also take the form of a hostile work environment such as where a worker's working atmosphere has become intolerant due to verbal or physical harassment, or it can occur when an employer fails to reasonably accommodate a qualified employee with a disability.
Disability discrimination is based upon the fact that a person who, except for a particular disability, can still perform the essential functions of the particular job in question so long as some form of reasonable accommodation is provided by the employer. An example would be a computer programmer having to work at a desk work station, but cannot do so because the desk does not allow for his/her wheelchair to fit within the small space provided where a chair normally would be. The lack of being able to sit in a normal chair has nothing to do with the essential functions of being a computer programmer. Under these circumstances, so long as the person can perform the essential functions of a computer programmer, the employer would be required to modify the work station to accommodate a wheelchair or make other alternative means to allow the disabled person to perform the job. If the employer does not this would constitute discrimination based on the persons disability and the employer would be subject to a lawsuit, fines and other possible sanctions. |  | Discrimination is like a prison that separates society and prevents the full use and enjoyment of what diversity and inclusiveness can bring to a nation.
“I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal, which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die”.
-Nelson Mandela-
|
| Discrimination claims are difficult to prove, but should nevertheless be pursued if the evidence is there. Help in addressing discrimination claims can be obtained from federal and state government agencies such as the federal Equal Employment Opportunity Commission or a state Fair Employment and Practice agency. Even if you file with one of these agencies, the law still allows you to retain a private attorney and to pursue the matter on your own also. It is not advisable to handle a claim of discrimination on your own. An attorney with experience in this area should be consulted to ensure that your rights are fully protected and that the appropriate government claims are filed. Failure to file claims with a government agency can often prevent the later successful prosecution of a claim of discrimination.
Our office has many years of experience in handling claims of unlawful discrimination. We provide a step by step process to ensure that all necessary claims are filed in order to preserve your rights, including the right to later bring a lawsuit in your own name, if necessary.
For free report – Seven things that every employee should know- contact us at info@landerslaw.com and ask for the report. You may also subscribe to our free newsletter, The Advocate by clicking here.Your email address is not shared with anyone else and is used only for purposes of communicating with you.
| The Law Offices of Roy L. Landers
“A difference you can count on”
619-296-7898 Fax: 619-296-5611 |
|
|
