Legal Definitions - employment discrimination

Employment discrimination occurs when an employer treats an applicant or employee unfairly because of certain personal characteristics, rather than based on their qualifications, performance, or other job-related factors. These protected characteristics are defined by law and typically include:

• Race or color
• Religion
• Sex (which includes pregnancy, childbirth, related medical conditions, sexual orientation, and gender identity)
• National origin
• Age (generally for individuals 40 years and older)
• Disability (physical or mental)
• Genetic information
• Military status or service

Discriminatory practices can happen at any stage of employment, from the initial hiring process to termination. This can involve bias in:

• Hiring and firing decisions
• Promotions and demotions
• Job assignments and transfers
• Compensation and benefits
• Training opportunities
• Harassment (creating a hostile work environment)
• Retaliation (punishing an employee for reporting discrimination or participating in an investigation)

Both federal and state laws prohibit employment discrimination, aiming to ensure equal opportunity and fair treatment in the workplace for all individuals.

Examples of Employment Discrimination:

• Example 1: Hiring Bias Based on National Origin

  A highly qualified candidate, originally from another country, applies for a marketing position. Despite having an impressive resume, relevant experience, and excellent interview skills, they are consistently passed over for the role. The hiring manager frequently makes comments about wanting someone who "fits the company culture better" and expresses concerns about the candidate's "unfamiliar" name and slight accent, even though these factors have no bearing on job performance. The position is ultimately offered to a less experienced candidate who shares the manager's ethnic background.

  This illustrates employment discrimination because the decision not to hire the qualified candidate is based on their national origin or perceived ethnicity, rather than their professional qualifications, directly impacting their opportunity for employment.

• Example 2: Promotion Denial Due to Age

  A 58-year-old senior software engineer, with a decade of exemplary performance at the company and a deep understanding of its systems, applies for a lead architect position. Despite being the most experienced and qualified internal candidate, the promotion is given to a 30-year-old junior engineer. The reason given to the senior engineer is that the company is "looking for fresh perspectives and someone who can grow with the role for many years to come," implying that their age is a barrier to long-term potential.

  This demonstrates age discrimination. The employer's rationale for denying the promotion, while seemingly forward-looking, unfairly disadvantages the senior engineer based on their age (over 40), preventing career advancement despite their superior qualifications.

• Example 3: Refusal of Reasonable Accommodation for Disability

  An employee working as a data entry specialist develops carpal tunnel syndrome, a recognized disability, which makes it painful to use a standard keyboard and mouse for extended periods. Their doctor recommends a specialized ergonomic keyboard and mouse, which cost a few hundred dollars, as a reasonable accommodation. The employee requests these items from their employer. The employer refuses, stating that "everyone uses the standard equipment" and that providing special tools would be an "inconvenience," even though the cost is minimal and would allow the employee to continue performing their job effectively.

  This is an example of disability discrimination. The employer is refusing to provide a reasonable accommodation that would enable the employee to perform their essential job functions, effectively discriminating against them due to their medical condition.