Take Employment Discrimination and Harassment by the Reigns

Wage workers such as yourself desire to preserve their prosperity. Employment discrimination and harassment threatens an employee or individual’s ability to sustain their way of life. This type of discrimination or harassment is not based on performance on the job.

Employment Discrimination

According to The U.S. Equal Employment Opportunity Commission, “Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, it is illegal to discriminate in any aspect of employment.” Discriminatory practices under these laws may include: National Origin Discrimination, based on ethnic group, linguistics, ancestry, culture or birthplace. It may also include Religious Accommodation in which the employer is required to “reasonably accommodate” the religious belief of an employee or prospective employee. The Family Medical Leave ACT (FMLA) is a federal law that allows an employee 12 weeks of leave to care for parents, spouse, child, or self for a medical necessity. After the leave the employee may return to the job. Employer discrimination toward an employee for the use of this allowed time is illegal.

Sex Discrimination – Title VII forbids:

1. Sexual Harassment – Practices from blatant requests for sexual favors

to a hostile environment for males and females, including same sex

harassment.

2. Pregnancy Based Discrimination – Conditions such as childbirth,

pregnancy or related medical needs are required to be treated the same

as a short term illness.

3. Employment discrimination based on gender in the payment of wages or benefits is a violation of the Equal Pay Act.

Employment Harassment

Employment Harassment is a workplace discrimination practice. According to the commission, “Harassment is unwelcome conduct that is based on race, color, sex, religion, national origin, disability, and/or age. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive.”

Anti-discrimination laws prohibit employment harassment against employees or individuals in several situations. These situations include: harassment against individuals for filing a discrimination charge; involvement in an investigation, lawsuit, or proceeding; testifying; and resisting employment practices that one “reasonably believes” discriminates amongst employees.

Employer Liability

If harassment by a supervisor results in an action involving loss of wages, failure to promote or hire, or termination the employer is automatically liable. If a hostile work environment is created by the supervisor’s harassment, the employer can avoid liability if these items are proven:

1) The employer reasonably tried to prevent and promptly correct the harassing behavior.

2) The employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.

By: Patricia Woloch

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