Employee discrimination in the workplace takes many forms and affects numerous classes of people. Women, the elderly, and employees of different races are among those who face bias frequently when seeking or holding jobs. Federal and state employment laws forbid certain types of job discrimination, and employment attorneys help individuals pursue money damages and employment after experiencing instances of discrimination, including the ones below.

 

Forms of Employee Discrimination & Legal Protections

1. Pregnancy Discrimination

Pregnancy discrimination occurs when female job applicants or employees are treated unfavorably due to pregnancy, childbirth, or related medical conditions. The Pregnancy Discrimination Act is a federal employment law that protects women against such discrimination and harassment in any aspect of work, including hiring, promotions, pay rates, firing, layoffs, job assignments, leave time, and insurance benefits. State law in Ohio regards pregnancy discrimination as a form of gender (sex) discrimination and offers remedies similar to those afforded successful plaintiffs in cases brought under federal law.

 

2. Race, Color, and National Origin Discrimination

Generally speaking, discrimination in the workplace occurs when employees or job applicants are treated unfavorably or harassed due to their particular race, race-related appearance, color, or national origin, including, for example, facial features, hair texture, accent, skin color, and the like. Unfavorable treatment because of skin complexion that is a lighter or darker (so-called “reverse race discrimination”) is color discrimination. Like the Pregnancy Discrimination Act, Title VII of the Civil Rights Act of 1964 protects employees against racial and color discrimination in all aspects of work. Similarly, state law in Ohio provides similar protections under Chapter 4112 of the Ohio Revised Code.

 

3. Age Discrimination

Job applicants or employees age 40 or older who are harassed or treated less favorably because of their age are protected from such discrimination under the Age Discrimination in Employment Act. There are two state statutes in Ohio offering different sorts of remedies for age discrimination, neither of which may be invoked if the employee starts his or her claim by filing a charge of discrimination with the Ohio Civil Rights Commission instead of going straight to court. If you are contemplating an age discrimination action, contact The Law Offices of S. David Worhatch so we can help you determine which course would be best for you.

An age discrimination claim can be based on management’s taking action to favor a younger worker of whatever age, meaning that an employee over 40 years of age can be discriminated against in favor of another employee who also is over 40 as long as that other employee is younger than the employee bringing the employment discrimination claim.

Because the workforce is aging, age discrimination claims are among the most difficult to bring. Nevertheless, qualified and experienced employee rights advocates help older employees every day to seek money damages under the federal and state law when age discrimination occurs in any aspect of an older individual’s work.

 

4. Proving Employment Discrimination

Now, there is the key!

Most people don’t have videos or tape recordings of managers saying, “Let’s get rid of Betty. We don’t need any more black, pregnant women around here.” That would be direct evidence of discrimination.

What if you have endured shots taken at you because of your age, or the type of clothes you wear or music you like listening to? That would be indirect (or “circumstantial”) proof of discrimination.

Suppose you are disciplined by being fired or suspended for something that a younger or non-minority worker either was not fired or suspended or only suffered a “slap on the wrist” That would be a form of disparate treatment tending to prove employment discrimination.

And what if you notice that minorities or older workers tend to be passed over for promotion, do not get an interview for job openings, are paid less or don’t get raises or bonuses, or are disciplined more readily or frequently than non-minorities? That would be a pattern or practice of discrimination.

 

If you think workplace discrimination has occurred against you, turn to The Law Offices of S. David Worhatch in Summit County. David has nearly 40 years of experience in the practice of law and offers a broad range of services. In addition to employment law disputes, for example, he assists clients with wills and trusts, business succession planning, and real estate transactions. David works with his clients, instead of merely for them, he empowers them to protect their family’s financial security in the years to come. David is proud to claim many five-star Google ratings. To get in touch with this employment attorney, call (330) 656-2300 or fill out the form on his website.