Discrimination In The Workplace

Abstract
The Equal Employment Opportunity Commission has set in place laws that protect employees from any kind of discrimination. Employees of companies with at least 15 employees are covered by the laws. Employers discriminate against employees all the time, so times they may not even realize it. But whether it is intentional or unintentional it is still illegal. It is the responsibility of the employer to know what they legally can and can’t do when it comes to their employees. It is also up to the employee to know and understand their all rights. In this paper I will discuss the types of discrimination laws that are in place and I will give examples of employee discrimination cases for some of the types.

According to the Equal
Employment Opportunity Commission it is illegal for employers to discriminate against employees because of Race, Color, Religion, Sex, Pregnancy, National origin, Age (over 40), Disability, and/or Genetic information. It is also illegal for an employer to discriminate against an employee for complaining about discrimination, filing a charge of discrimination, or for being a part of an investigation and/or lawsuit. Any employee working for an employer with at least 15 employees is covered under these laws. The Equal Employment Opportunity Commission also work to stop or prevent discrimination before it even happens through education, outreach, and technical assistance programs.
Color Discrimination
Discrimination based on a person skin tone or shade, complexion, or pigmentation.
This can happen between people of the same ethnicities and races or between people of different races or ethnicities. Race discrimination is described as discrimination because of characteristics like hair texture, facial features, skin color, and/or a condition that effect one race more than others unless it is job related and necessary for business. In Mitten v. Lockheed-Martin Corporation, A white supervisor was terminated for forwarding an email that he had received. The email was a racial one titled “Why There Are No Black NASCAR Drivers.” The email had a number of derogatory stereotypes of blacks. The company said they fired the supervisor because he violated their anti-harassment and improper computer use policies. Mitten sued on the basis that the discharge was racially discriminatory. Within the months leading up to his termination, there were several black employees that had been forwarding an email titled “How to Dance Like a White Guy!” This email had derogatory stereotypes of white men. These employees however, were only suspended for their
actions. Lockheed argued that since Mitten was in a supervisory position he was held to a higher standard. The court ultimately concluded that it was not proper for the Human Resources Department to consider the employees race when making disciplinary decisions. Giving African Americans less punishment compared to their Caucasian counterparts for pretty much the same actions showed racial motivation in their disciplinary decision making. When it comes to Recruiting, Hiring, and Advancement the requirements for jobs have to be fairly and consistently applied. If something is not necessary for the business then the requirement might be discriminatory. Examples for such requirements include a certain educational background and testing applicants for skills or knowledge irrelevant to the job. Race and Color cannot be used as a reason for differences in pay or benefits, performance evaluations, discipline, assignment, or any other area of employment. It is unlawful to make racial jokes, verbal and physical conduct, and offensive and derogatory remarks based on Race and/or Color. Doing so makes for a hostile and intimidating workplace. Excluding minorities from certain positions or segregating them from customer contact and other employees.
Religious Discrimination Treating people differently based on their religious beliefs is religious discrimination.
The law protects people with sincere ethical, moral, and/or religious beliefs as well as people who believe in traditional and organized religion. In 2011 Abercrombie & Fitch were sued by the EEOC and 19 year old Umme-Hani Khan. Khan worked at a Hollister store (which is Abercrombie & Fitch brand that targets teenagers) in the stock room in 2009. Initially she was asked to hijab’s in Hollister colors, and she agreed to do so. Then, in mid-February 2010 the store threatened to remove her from the schedule unless she stopped wearing the hijab while at work. They said that it violated the companies “Look Policy”. The fired Khan February 23rd for refusing to take off the hijab, which her religious beliefs required her to wear. Abercrombie claimed that their look policy was the heart of their business model and allowing deviation from the policy would threaten the company’s success. The courts dismissed that argument stating that Abercrombie only offered unsubstantiated declarations and testimony. The courts ruled in favor of EEOC and Khan because Abercrombie neglected to provide accommodations for Kahn’s religious
beliefs.
Sex and Pregnancy Discrimination Unequal treatment of an individual because of their sex is sex discrimination. This also covers discrimination against a person’s gender identity or transgender status and sexual orientation. Pregnancy discrimination is treating an employee differently based on childbirth, pregnancy, or pregnancy related medical condition. It may be necessary for the employer to provide disability leave, light duty, or different work assignments for pregnant employees if they offer those things to other employees that have disabilities. In 2013 Ruby Tuesday posted a server job announcement that said only females would be considered because of concerns about housing employees of both genders. Two male employees were denied the opportunity as a result. EEOC sued Ruby Tuesday in the US District Court. In an agreement Ruby Tuesday will pay the two males Andrew Herrera and Joshua Bell $100,000. The Company also plans to set guidelines to prevent any sex discrimination in the future. They will be training all managers and employees and report status of training to the EEOC.
National Origin Discrimination To treat someone unfairly on the basis of them being or looking like they are from a different part of the world or if they have an accent.