Job discrimination can be devastating for employees, especially when the discrimination results in termination, harassment, or retaliation for complaints. Employees should know there are strict laws designed to protect workers from job discrimination at both the federal and state level. These laws protect all employees and cover a number of categories of discrimination which courts recognize as protected by law.

When an employee suspects he or she is the victim of job discrimination, the Equal Employment Opportunity Commission (EEOC) is the government agency which must be notified in order to file a formal charge against an employer. The EEOC is responsible for enforcing federal job discrimination laws and will hold an investigation once the charge alleging discrimination is filed.

If the EEOC decides not to resolve an employee’s charge of job discrimination, it will issue a right to sue notice to the complaining employee. With this right to sue notice, the employee has the right to pursue litigation against his or her employer for violations of job discrimination laws. Is important to note that filing a charge with the EEOC involves observing strict deadlines for filing. For this reason, it is always wise to obtain the assistance of an experienced attorney to help with the filing process.

Elements of a Job Discrimination Claim

Federal job discrimination law can be found in Title VII of the Civil Rights Act of 1964. This act prohibits discrimination in all forms of employment, including hiring and discharge, when the discrimination falls in any one of the protected categories noted in the law. These protected categories form the basis of employment discrimination law, and employees discrimination due to at least one of these categories in order to successfully bring a job discrimination claim.

Generally, federal employment law protects workers in companies with 15 or more employees who have been discriminated against on the job based on race, color, sex, age, national origin, disability, religion and pregnancy. These law covers all areas of the employment process, including compensation, training, hiring, termination, promotions, and benefits.

Once an employee proves that he or she belongs to any one of these protected categories, it’s necessary to prove that an employer took adverse action against the employee based on his membership in the protected category. Job discrimination laws cover a vast variety of situations. For instance, unlawful job discrimination could mean that the employer failed to promote an employee because of his race or fired someone because they refused to abide by a company dress code that violates religious principles.

Job Discrimination and Retaliation

In addition to protecting workers from job discrimination, the Civil Rights act also protects workers from employer retaliation. This situation arises when an employee complains about discrimination to company authorities, files a charge with the EEOC or other government agencies or participates in court proceedings against the company. Retaliation provisions in the civil rights laws make it unlawful for employers to adversely react to an employee’s complaints, charges, filings or testimonies involving job discrimination.