You have employee rights, but do you know what they are?
The unfortunate truth is that many workers are unaware of the rights they have at their disposal to protect them against workplace discrimination. The Employee Opportunity Commission (EEOC) saw close to 88,531 charges of workplace discrimination filed against it in 2024 alone. For this reason, knowing what you’re entitled to is your number one priority.
After all…
It is the only way that you will be able to prevent your employers from infringing on your rights and your dignity as a professional.
Contents
In this post, we’re going to cover the following:
- Common Forms of Workplace Discrimination
- Legal Protections Under Federal Law
- How to Identify Discrimination in the Workplace
- Steps to Take If Discriminated Against
What Qualifies as Workplace Discrimination?
Here’s what you need to know…
Workplace discrimination is characterized by the conduct of an employee’s employer who treats them unfairly because of their race, age, or any of the other personal and immutable traits (protected characteristics) that other individuals possess.
But wait, there’s more…
It can occur in a number of different ways, including, but not limited to:
- During the hiring and firing of employees
- Promotions and salary increments
- Allocation of job tasks and training opportunities
- Hostile work environment or harassment
- Retaliation for reporting discrimination
And now, here’s something you may not have known; retaliation is actually the most common form of discrimination in the workplace. In fact, retaliation is a component of nearly 48% of all complaints filed with the EEOC. This means that your employer is not allowed to punish you for filing a complaint against them or an employee in the company.
When it comes to preventing and dealing with workplace discrimination, getting assistance from a well-informed employment law service is the best way to protect your rights. Since the intricacies of employment law can be quite complicated, consulting with a professional like Punchwork Law Offices will guide you in the right direction, allowing you to protect your employment rights. They will inform you of your legal rights and help you make decisions that will be best for you and your case.
Your Legal Protections under Federal Law
The first thing you should know is that you have more protections than you may think.
In the United States of America, many federal laws work together to keep employees safe from workplace discrimination. The most important are:
Title VII of the Civil Rights Act of 1964
- Prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin
- Covers employers with 15 or more employees
The Age Discrimination in Employment Act of 1967 (ADEA)
- Protects workers who are 40 and over from age-based discrimination. 61% of older workers have experienced or witnessed age discrimination in the workplace.
The Americans with Disabilities Act of 1990 (ADA)
- Requires employers to provide reasonable accommodations to employees with disabilities
The Equal Pay Act of 1963
- Requires that men and women receive equal pay for equal work
The Pregnancy Discrimination Act of 1978
- Protects pregnant employees from discrimination and requires reasonable accommodations to be made
We see how each of these laws serve a particular function. In general, they all work together to make sure that workers are not discriminated against in the workplace.
Identifying Discrimination in the Workplace
Here’s something that you need to know…
Discrimination isn’t always as obvious as it should be. More often than not, it’s rather discreet or masked as something else.
Here are some of the signs that you should be looking for:
- Being overlooked for promotion even when other, less competent employees are getting promoted or getting increases in their pay
- Receiving negative performance reviews despite an increase in performance
- Being denied access to training opportunities, career advancement opportunities, or key meetings
- Being judged based on characteristics other than your work performance and skills
- Comments on age, color, gender, nationality, religion, or other protected characteristics
How To Report a Discrimination Issue in the Workplace
But the question still remains, what do you actually do if you face discrimination at the workplace?
Here are some of the steps that you should follow in that event.
Document everything
You need to document every aspect of this discrimination and also make sure that you put everything in writing.
This should include making notes of what was said and to whom and the time that it happened. In addition to this, it would also be a good idea for you to record who was present at the time and what transpired.
Report it to the relevant parties
All companies have an HR department. In addition to this, some companies also have formal grievance mechanisms in place that are used to deal with cases of harassment and discrimination. It would be a good idea for you to use such channels so that they are placed on record.
File an EEOC charge
Ideally, you will need to file an EEOC charge. You have 180 days to do so, although some states allow more time for this to be done.
Consult with an employment law services
As much as possible, you need to consult with an employment law services as soon as possible. Most employment law services offer free consultations.
Preserve evidence
In addition to making notes of every aspect of this discrimination, you will also need to ensure that you keep all the evidence that you may have. This would include all your emails, text messages, your performance review, and any other document that is relevant.
Keep doing your job
You also need to continue to do your work and ensure that you perform well. As much as possible, you need to ensure that your employer does not have a legitimate reason to fire you or discipline you.
Wrapping Things Up
Workplace discrimination laws are things that you have to be aware of and have a great understanding of.
In as much as this problem continues to be a problem, the good thing about the issue is that you have legal rights in a federal level that you can use to protect yourself against such forms of discrimination.
Employment law services are available to help you understand what rights you have, as well as taking an action when it is required to do so.
