Stereotypes. We encounter them every day. Boys are better at sports. Asians are better at math. Women are more emotional. Gay men are more creative. Southerners are more hospitable. Young people have more energy.
But the simple truth is, you shouldn't make assumptions--positive or negative--about people based on the color of their skin, or their age, or their sexual orientation, or their religion, or their gender, or their physical capabilities.
Discrimination can occur in a number of ways, including:
- Job advertisements and recruiting
- Testing
- Hiring and firing
- Training and advancement
- Benefits
- Pay and leave
- General employment conditions
A host of federal, state and local laws exist that prohibit discrimination in the workplace. However, these laws don't necessarily protect all groups from discrimination. (It's ironic, but you could say that some of the anti-discrimination laws actually discriminate against certain groups because the groups are omitted from the laws.)
If you're job hunting and worried about potential discrimination, or if you're in a position to hire or promote employees, or even if you just want to be a good advocate on behalf of others, it makes sense to familiarize yourself with the relevant anti-discrimination laws.
Federal Anti-Discrimination LawsA number of federal laws protect employees and job applicants against discrimination. These include:
- The Americans With Disabilities Act, which protects the disabled from employment discrimination
- The Equal Pay Act of 1963, which prevents gender-based discrimination and requires equal pay for males and females performing the same job
- The Fair Labor Standards Act, which prohibits sex discrimination when paying wages
- The Rehabilitation Act of 1973, which prohibits disability-based employment discrimination in the federal government
- The Civil Rights Act of 1991, which provides for money damages where intentional employment discrimination has been shown
- Executive Orders 13087 and 11478, which prohibit job discrimination within the federal government based on sexual orientation
Laws at the State & Local LevelIn some instances, state and local laws may be stronger than the federal anti-discrimination laws, or may protect additional classes of people from discrimination.
For example, there is no federal law prohibiting discrimination based on sexual orientation at private companies (though such a ban does exist for employees of the federal government). But California, Connecticut, Hawaii, Massachusetts, Minnesota, Montana, Maryland, Nevada, New Hampshire, New Jersey, Rhode Island, Vermont, Wisconsin and Washington, D.C., all have laws prohibiting discrimination because of sexual orientation in the workplace. Eight additional states (Colorado, Delaware, Illinois, Indiana, New Mexico, New York, Pennsylvania and Washington) also have laws against sexual-orientation discrimination in public employment. And some counties and cities also have local laws that prevent private employers from discriminating against gay and lesbian workers.
Steps to Take if You've Experienced DiscriminationThe Equal Employment Opportunity Commission, or EEOC, is the government agency responsible for enforcing anti-discrimination laws.
Even if there are no laws protecting you from discrimination and your employer doesn't have a specific policy on the issue, you may still have a legal claim based on other types of laws, such as:
- Wrongful termination
- Defamation or slander
- Invasion of privacy
- Anti-harassment
If you've been discriminated against, you may be able to recover back pay, reinstatement, future pay or future pay changes, a reasonable accommodation or other relief. In addition, if you were not hired, the employer may be required to hire you.
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