What Is Discrimination at a Work Place?
Discrimination in U.S. workplaces is prohibited based on race, color, religion, gender, national origin, age or disability. Perception of being treated unfairly is not enough to prove discrimination. At the same time, intent to discriminate is irrelevant, if the effects of certain actions or policies are discriminatory.
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Laws
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Laws that address discrimination include Title VII of the Civil Rights Act, Age Discrimination in Employment Act (ADEA), and the American Disabilities Act (ADA). These laws prohibit both disparate treatment (intentional discrimination) and disparate impact (policies or actions that have discriminatory effect). The U.S. Equal Employment Opportunity Commission (EEOC) enforces these laws.
Hiring
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Non-discriminatory hiring requires the employer to make hiring decisions based on the requirements of the job, not on personal characteristics. It is good practice to use only interview questions that relate to job requirements and to ask the same questions of all candidates
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Pay
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The Equal Pay Act (EPA) requires that individuals who perform the same work in the same organization receive equal pay.
Business Need
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Employers may specify that employees who perform certain jobs meet requirements that may be perceived as discriminatory. The burden is on the employer to prove that such requirements are necessary to the performance of the job.
Affirmative Action
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Affirmative action requires selective practices, in an attempt to promote equal opportunity or maximize diversity. Some see it as reverse discrimination.
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References
Resources
- Photo Credit Image by Flickr.com, courtesy of Doug Geisler
