What Is Employment Discrimination Under Federal Law?

 Posted on May 05, 2022 in Business Law

These days, the job market can be highly competitive, with an abundance of experienced, highly qualified candidates all vying for the same position. Employers have the right to be specific in what they want in an employee, and to cast a wide net before choosing the person they think would be best suited for the job. At the same time, basing marketing practices and hiring decisions on applicant characteristics, such as age, race, or gender, or refusing jobs to otherwise qualified candidates due to their physical attributes or disabilities are examples of job discrimination that can land a company in legal hot water.  

Discrimination is prohibited not only for current employees, but also in the procedures and practices employers use in filling positions. The Equal Employment Opportunity Commission (EEOC) advises that the following are five areas in which discrimination often occurs. If you think your experience falls under one of these areas, contact an experienced employment attorney for legal assistance.

Job Postings and Advertisements

Employers are prohibited from posting job ads that either solicit or prohibit certain applicants based on age, race, religion, gender identity, sexual orientation, or due to physical disabilities. An example would be an ad seeking young workers or one stating females are preferred.

Job Recruitment

Showing a preference for recruiting employees from any of the above protected groups is also prohibited, such as seeking candidate exclusively in Hispanic markets, resulting in a workforce made up predominantly of Hispanic workers.

Applications and Interviews

Employers are prohibited from refusing to give or accept job applications or refusing interviews with prospective employees in protected groups. They are also required to accommodate workers with disabilities. 

Job Assignments

Workers may not discriminate by segregating workers from protected groups from other employees, or by only offering them certain positions, such as making them work in kitchens or stockrooms, so they have little contact with customers.

Pay and Benefits

Employers are required to set fair wage and benefit standards for all employees and may not discriminate by paying workers in protected groups less than others or refusing to offer them benefits.

Contact a Metro New York Area Employment Law Attorney

If you think you have been discriminated against by a potential employer or by your current employer, you may be entitled to damages under the law. Call Ivey, Barnum & O'Mara, LLC at 203-661-6000 to schedule a free and confidential consultation with a Greenwich employment discrimination lawyer and find out what legal recourse you may have.

Source:

https://www.eeoc.gov/fact-sheet/federal-laws-prohibiting-job-discrimination-questions-and-answers