Discrimination

+ What is employment discrimination?

Discrimination in employment is when an employer treats an employee, or potential employee, negatively because of one or more protected characteristics. Examples of negative treatment include giving discipline, terminating employment, refusing to hire or give a promotion, paying less money, or depriving of opportunities such as bonuses or trainings. “Because of” the characteristic means that the harmful action was motivated by it, whether or not the employer says so. Employers will often offer an explanation other than the protected characteristic to justify their behavior when discrimination occurs. This is because, under the law, the employee must show their motivation was something unlawful. We will work with you to develop the evidence of motive throughout your case.

+ Gender Discrimination

Gender discrimination is when you are treated negatively at work because of your sex and can occur for any gender, gender identity, or sexual orientation. Gender discrimination in employment is prohibited by Title VII of the Civil Rights Act. Common examples of gender discrimination include requiring sexual favors in exchange for continuing employment or advancement at work, only hiring or promoting one gender into management roles, and giving discipline because of how an employee should act. Harassment is another form of gender discrimination.

+ Pregnancy Discrimination

Pregnancy discrimination is a subset of gender discrimination and can also overlap with disability discrimination if your pregnancy has complications. Thus, gender discrimination is prohibited by Title VII of the Civil Rights Act and can also include protections from the Americans with Disabilities Act. Commons examples of pregnancy discrimination include refusing to accommodate restrictions like weightlifting or time off for doctor’s appointments and terminating employment right before leave to have the baby.

+ Race Discrimination

Race discrimination is also prohibited by Title VII of the Civil Rights Act. It can occur on an individual basis, but also often occurs in a pattern or practice. Race discrimination can occur against someone of any race, or perceived race. Further, discriminatory conduct at work that happens away from the employee can still be discrimination toward that employee. Common examples of race discrimination include harassment, like the use of racial slurs toward or about an individual (even if not directed to you directly), or hiring or promoting less qualified employees who are a different race. Employers also cannot discriminate against and employee for associating with someone due to race. For example, it is illegal to fire an employee because the employer learns that employee is married to or friends with someone of a different race.

+ Disability Discrimination

The Americans with Disabilities Act protects employees with medical conditions which either limit major life activities or limit major bodily functions. Importantly, the ADA not only prohibits treating any employee negatively because of their medical condition, but it also requires employers to take action to accommodate an employee’s medical restrictions if it knows about them. If an employee requests a medical accommodation to perform their job duties, the employer is obligate to make a reasonable effort to provide the accommodation, or an alternative that has the same result. Failure to engage in this process, or to offer a reasonable accommodation to assist the employee is one form of disability discrimination. Time off work is a commonly requested accommodation which must, within reason, be granted. Employees seeking time off from work for medical condition(s) may have additional protection under the Family Medical Leave Act.

+ Age Discrimination

For employees who are at least forty years old, the Age Discrimination in Employment Act makes it illegal for an employer to discriminate based upon age, as do Oklahoma’s anti-discrimination laws. Lots of times, these cases involve a long-term employee of a company who has just gotten a new supervisor (especially when the next supervisor is younger). The use of code words is also very common in these cases, things like seeking employees who are “fresh” or “energetic.” It is also common for these individuals to be asked things, like when they plan to retire, repeatedly, even when they have not brought it up or said they don’t plan to.

+ Religious Discrimination

An employer cannot discriminate against an employee based upon that employee’s sincerely held religious belief, according to Title VII of the Civil Rights Act and Oklahoma law. Employers also must reasonably accommodate an employee’s needs because of their religious practices, such as wearing a head scarf, not working on certain days, taking a break to pray, or not getting vaccinations.

+ Genetic Information Discrimination

The Genetic Information Nondiscrimination Act (GINA) prohibits discriminating against employees based upon their genetic information or using such information in making employment decisions, such as requiring genetic testing to be hired. Family medical history is also protected information, such that an employer cannot make employment decisions based upon that employee’s family medical history (that is, a predisposition to medical problems). An employer cannot use genetic information to make an employment decision because genetic information is not relevant to an individual's current ability to work. There are narrow exceptions to these rules, however almost always an employer cannot gather and use genetic information to make hiring, firing, disciplinary, or other employment-related decisions for an individual.

+ National Origin Discrimination

Treating an employee or application negatively because of where the person is from is also prohibited by Title VII of the Civil Rights Act. Additionally, an employer cannot discriminate based upon association with persons of a different national origin, such as being related, married, or friends. Common examples of national origin discrimination include making employment decisions because of an accent or ethnicity. Harassment based upon national origin is also prohibited. Neutral employment policies that have a negative impact on employees of different national origins, such as English-only in speaking or writing, can also violate this protection. Employers also cannot make employment decisions based upon citizenship or immigration status under the Immigration Reform and Control Act, although employers are required to verify employment eligibility for their employees.

+ Color Discrimination

Discrimination based upon color is prohibited by Title VII of the Civil Rights Act and Oklahoma law. While it can overlap with race or national origin discrimination, colorism or shadeism involves treating an employee or potential employee negatively because of their skin color or complexion. This form of prejudice often derives from cultural implications for members of the same race. Discriminating against someone for association with an individual of a differing color is also prohibited, including through marriage, family relation, or friendship. Harassment on this basis is actionable as well.