Legal News

10-Jul-2023

Knowing Rights About Workplace Discrimination & Harassment

People spend a lot of time at work. Its important to feel safe and secure in the workplace and to know that you are protected from any form of discrimination or harassment. Employment rights exist to protect employees from mistreatment, and its important to understand what constitutes discrimination and harassment in the workplace. In this blog, well explore what workplace discrimination and harassment are and how to recognize them. Well also discuss the legal rights of employees and how to file a complaint if needed.

Understanding about Workplace Discrimination & Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) defines workplace discrimination as treating someone with a protected characteristic unfavorably because of that characteristic. A protected characteristic is any trait that is protected by law, such as race, color, national origin, sex, age, disability, or religion. Discrimination can be direct or indirect, and it can occur in any part of the employment process, from hiring to firing.

Harassment in the workplace is a form of discrimination and is defined as unwelcome conduct that is based on a protected characteristic. It can be verbal, physical, or visual. It can also include unwanted sexual advances or requests for sexual favors.

Recognizing Discrimination & Harassment

Its important to be able to recognize workplace discrimination and harassment so you can take action if needed. Here are some key signs of discrimination and harassment to look out for:

* Unfair or different treatment of employees based on a protected characteristic

* Making offensive comments or jokes about a protected characteristic

* Threatening or intimidating behavior toward an employee

* Unwanted physical contact

* Denying opportunities to an employee based on a protected characteristic

Its important to note that not all discriminatory or harassing behavior is intentional. Even if someone is not aware that their behavior is discriminatory or harassing, it is still illegal and should be addressed.

Knowing Your Employment Rights

Its important to know your rights as an employee so you can take action if needed. Here are some of the major employment rights that protect you from discrimination and harassment in the workplace:

* Title VII of the Civil Rights Act of 1964: This law prohibits workplace discrimination based on race, color, national origin, religion, and sex.

* The Age Discrimination in Employment Act of 1967: This law protects employees age 40 and older from age discrimination.

* The Americans with Disabilities Act of 1990: This law prohibits discrimination against individuals with disabilities.

* The Genetic Information Nondiscrimination Act of 2008: This law prohibits employers from using genetic information to make employment decisions.

How to File a Complaint

If you believe you have been the victim of workplace discrimination or harassment, its important to take action. The EEOC has outlined a clear process for filing a complaint.

First, you should contact your employer and inform them of the discrimination or harassment. Your employer should take steps to address the issue and put measures in place to prevent it from occurring again.

If your employer fails to address the issue, you can file a complaint with the EEOC. You must do so within 180 days of the incident. The EEOC will investigate your complaint and determine if it has merit. If the EEOC finds that discrimination or harassment has occurred, they may take action against your employer.

Understanding Retaliation

Its important to know that it is illegal for an employer to retaliate against an employee for filing a complaint of discrimination or harassment. Retaliation includes any adverse action taken by an employer against an employee, such as firing, demotion, or suspension.

If you believe you have been the victim of retaliation, you can file a complaint with the EEOC. You must do so within 180 days of the incident. The EEOC will investigate your complaint and determine if it has merit. If the EEOC finds that retaliation has occurred, they may take action against your employer.

Resolving a Complaint

If the EEOC finds that discrimination or harassment has occurred, they will work with your employer to resolve the issue. The EEOC may require your employer to implement an anti-discrimination policy, provide training to employees, and take other steps to address the issue.

The EEOC may also require your employer to provide you with financial compensation for the discrimination or harassment you experienced. This can include lost wages, back pay, and damages for emotional distress.

Conclusion

Knowing your rights at work will enable you to take appropriate action if necessary. You should speak with your employer and file a complaint with the EEOC if you think you have been the victim of employment discrimination or harassment. Recognize that it is unlawful for an employer to punish you as punishment for making a complaint, and be aware that the EEOC is available to assist in resolving the situation.