Employer Discrimination

Employees have a right to be free of employment discrimination, meaning unequal treatment or harassment that takes place in the workplace as a part of the employment relationship. The cornerstone of discrimination in the workplace is the concept that if an employee is in a protected class, then an employer may not alter the terms and conditions of employment based on the fact that the person is in a protected class. These protections exist under federal law and typically under state law as well.

Protected classes under Title VII of the Civil Rights Act of 1964 include sex, religion, race, color, and national origin. It is illegal under this title for an employer to discriminate against an employee or prospective employee based upon these protected classes. For example, refusing to hire those of a certain religion is not permitted. Recent court cases, however, have been brought regarding the "reasonable accommodation" expected for religious beliefs. For example, in the 2014 Burwell vs. Hobby Lobby case, the court ruled that companies can have their own religious beliefs and potentially hire and terminate employees based on those beliefs.

Age is a protected class covered under the federal Age Discrimination in Employment Act (ADEA). When discussing discrimination, what is typically not permitted is discrimination in the terms of employment. These terms and conditions of employment may include pay, vacation time, sick time, pension and health benefits, hours, schedule, working conditions, and other issues. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodation for employees with disabilities. This accommodation usually comes in the form of some type of assistance or restructuring in the workplace that will enable an employee to do the job despite having a disability. Examples include braille keyboards, screen magnifiers, dictation software, and ramp access and elevators for employees with wheelchairs. Minimum wage standards ensure that employees are compensated for their work to the minimum required by law. For example, if Bob is 70 years old, he is in a protected class due to his advanced age. If his employer reduced his pay and changed his position based on his age, this would be discriminatory. If his pay were reduced and position changed because he was late to work multiple times, this may be permissible, depending on the terms listed under company policy or perhaps a Collective Bargaining Agreement (CBA) for union employees. However, from a practical perspective, inclusion in a protected class and a corresponding change in working conditions (in this case, pay and position) are often enough to create the presumption of discrimination if his position were filled by a younger worker. In other words, the employer's excuse that Bob was late may be viewed as a pretext for the real motive (discrimination), and it is up to the employer to prove there was a legitimate motive.
Likewise, there are also whistleblower statutes (both state and federal) that deem it illegal to discriminate or retaliate against an employee for blowing the whistle on an illegal or unethical action of the employer, primarily regarding financial practices, unfair employment wage and hour practices, and workplace safety. The Sarbanes-Oxley Act of 2002 protects investors from the possibility of fraudulent accounting activities by corporations. OSHA, the Occupational Safety and Health Administration, ensures safety at work, with a mission to prevent work-related injuries and illnesses. For example, if Rebecca calls OSHA to report unsafe working conditions, under the whistleblower statutes, her employer is not entitled to retaliate by, for example, reducing Rebecca's pay.