Employees expect to be treated fairly at work, but that’s not always what happens. In many cases, unfair treatment is upsetting, but it’s not necessarily illegal. However, if mistreatment stems from any legally protected characteristic, it may be considered legally actionable discrimination.
Unfair treatment that crosses the line into certain kinds of discrimination is illegal. This can occur in a variety of situations, including hiring, pay, promotions, discipline, benefits, scheduling, layoffs and termination. The key is that the treatment must have been inspired by a negative response to a legally protected characteristic.
What are legally protected characteristics?
There are many different legally protected characteristics that aren’t allowed to play a role in any part of the employment process. Race, color, genetic information, national origin, disability, age, religion, sex or pregnancy are some of the most commonly litigated protection-related concerns.
What are some examples of discrimination?
It’s not always easy to spot discrimination at work, but watching for patterns is typically beneficial. Direct discrimination involves things like a supervisor making negative comments about a protected characteristic while they’re making decisions about what opportunities a person should have at work. Indirect discrimination could involve an employee receiving fewer promotions allegedly for other reasons, but ultimately because of their protected characteristics.
Why are records important in discrimination cases?
Discrimination claims often turn on specific details related to the alleged mistreatment, which can can include who participated in the discrimination, who witnessed it and exactly what happened. Writing down things that were said may also be beneficial so it’s easier to remember details accurately.
Unfair treatment shouldn’t be ignored. Looking into one’s concerns can help to determine if a worker’s situation actually involved discrimination. It’s beneficial to work with a legal professional who can help to determine what legal actions are possible accordingly.