A professional work environment should remain just that – professional. But far too often there are instances of discrimination towards certain groups at every stage of the employment process, whether passing up a qualified candidate for a position, laying off or firing an exemplary employee, or any instance in between. While there are employment laws in place to protect an employee from this issue, it is important to know your rights if you believe you are victim of workplace discrimination.

Forms of Discrimination in the Workplace

Race/Color

Race discrimination involves any negative treatment of someone because of their race or that they possess physical features that resemble a specific race; color discrimination is treating someone unfairly because of skin color. Race and color discrimination can also apply if a person is treated unfairly due to their association with a person of a certain race or color. Under Title VII of the Civil Rights Act of 1964, unfair treatment is prohibited at any point in the employment process, including cases of segregation based on race. This act also protects people of a certain race from races slurs, derogatory comments, or the display of racially-offensive symbols.

Disability

Employers also cannot reject qualified professionals because a serious disability. In fact, the Americans with Disabilities Act of 1990 requires an employer to provide reasonable accommodation for the employee with a disability. Examples of reasonable accommodation could be making an office wheelchair accessible or having an interpreter for someone who is deaf. While this employment law covers important points like accessibility and workplace harassment, a key point lies in employee benefits, equating points like health insurance regardless of an employee’s disability.  

Age

Age discrimination places preference with younger candidates over their older counterparts. The Age Discrimination in Employee Act places its protections over people over 40. Cases of age discrimination can be an employer hiring a younger candidate over a more qualified older candidate solely because of age. It is often masked by the excuse of technological shifts in an industry, blaming an older employee or candidate’s lack of fluency with new technology compared to young person as the reason they’re passed up. It is not illegal for a younger candidate to be passed up for an older candidate, even if both are over the age of 40. 

Gender

It is illegal to treat someone unfairly at any point of the employment process based on gender. While this applies to key moments like hiring, promoting, and firing an employee, sexual harassment in the workplace commands the attention of this issue. Instances of unwelcome sexual advances, requests for sexual favors and other physical and verbal sexual harassment are unlawful but far too often overlooked due to power dynamics in a workplace. Employment laws in place also don’t cover the gray area of gender identity, like in the cases of transgender or non-binary individuals, which is why the trans community finds workplace discrimination one of their biggest challenges. 

If you believe you are enduring workplace discrimination, the attorneys at MacVean, Lewis, Sherwin & McDermott, P.C. will provide dedicated counsel to build your case. As the Hudson’s oldest law firm, they have loyally served the Middletown community since 1885. Their legal team’s expertise in employment law will assure you have a solid case. Visit their website for more on their services, call (845) 343-3000 to schedule a consultation, and follow their Facebook for legal tips and insight.