Discrimination Against Minorities in the Workplace
Certain types of minorities are protected against discrimination in the workplace under several different federal and state laws. Not all types of minority classifications are protected under the law, and actually, being a minority is never a requirement in the law. Discrimination only occurs when a minority is treated differently because of a classification specifically protected in a statute.
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Protected Classifications
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The law does not protect employees from all types of discrimination, including even some types of minority classifications. Generally, state and federal laws protect against discrimination for minority status that is based on race, religion, gender, national origin, skin color, disability or age (above 40). In fact, being a minority is not even a requirement, although the legal classifications generally apply to minorities more than they do majorities. A minority employer can discriminate against a nonminority employee just as a nonminority employer can discriminate against a minority employee.
Tangible Action
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The most common type of discrimination against an employee takes the form of a tangible action. This is generally anything that results in a change in the circumstances or conditions of employment. Common types of tangible employment action include pay decreases, failure to promote and termination. Tangible employment action is a form of discrimination when the employer acts based on a protected minority classification. However, tangible employment action is not discrimination if the employer acts for any reason other than because of the minority's protected classification.
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Harassment
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Another type of discrimination that can occur in the workplace is harassment, sometimes called a hostile work environment. This exists when the employee feels threatened or belittled because of her minority classification. The employer may not take any tangible actions, but the employee still feels discriminated against because of her minority classification. The hostile work environment for harassment must be based on minority classification in order to be considered discrimination. An abusive work environment is not a hostile work environment unless the abuse results directly from the minority classification.
Protecting Employee Rights
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Most employment discrimination laws create a state or federal government agency to help with enforcing the employee rights under that statue. At the federal level, most employment discrimination complaints should be made to the Equal Employment Opportunity Commission or to the Civil Rights Division of the United States Department of Justice. You can make a claim by filing a written complaint with the appropriate government agency. The agency may decide to pursue your case for you or may simply give you permission to sue your employer. Employment discrimination claims can result in the payment of money damages from the discriminating employer to the minority employee who was discriminated against.
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