Employee Discrimination Attorney in Cleveland

Your Employer May Have Broken the Law - Know the Types of Employment Discrimination

Age Discrimination

The EEOC defines age discrimination as treating someone unfavorably because of their age. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against people who are 40 years or above. The Ohio Revised Code also addresses age discrimination in Section 4112.4.

Disability Discrimination

According to the EEOC, disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual who is an employee or applicant unfavorably because he or she has a disability. Section 4112.02 of the Ohio Revised Code addresses unlawful discriminatory practices, including disability discrimination.

Equal Pay/Compensation Discrimination

The Equal Pay Act requires that men and women in the same positiion be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Title VII, the ADEA, and the ADA prohibit compensation discrimination on the basis of race, color, religion, sex, national origin, age, or disability. Section 4111.17 of the Ohio Revised Code also prohibits discrimination in payment of wages.

Genetic Information Discrimination

Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), took effect on November 21, 2009, making it illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other covered entities from requesting, requiring, or purchasing genetic information. It also strictly limits the disclosure of genetic information.

Harassment

Harassment is a type of employment discrimination that is prohibited by Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).

Harassment is defined as unwelcome conduct that is based on race, religion, color, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (beginning at 40 years), disability, or genetic information. Harassment is considered illegal when 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the behavior is severe or pervasive enough to create an intimidating, hostile, or abusive work environment. Additionally, the law prohibits harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.

National Origin Discrimination

The EEOC describes national origin discrimination as treating employees (or applicants) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not).

Additionally, national origin discrimination can include treating people unfavorably because they are married to (or associated with) a person of a certain national origin. At the state level, Section 4112.02 of the Ohio Revised Code addresses unlawful discriminatory practices.

Pregnancy Discrimination

According to the EEOC, pregnancy discrimination involves treating an applicant or employee unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment. Section 4112.02 of the Ohio Revised Code addresses unlawful discriminatory practices, including pregnancy discrimination.

Race/Color Discrimination

The EEOC describes race discrimination as treating someone an applicant or employee unfavorably because he or she is of a certain race or because of personal characteristics associated with race (for example, skin color, facial features, or hair). Color discrimination is defined as treating someone unfavorably because of skin color complexion.

Additionally, race/color discrimination can include treating someone unfavorably because he or she is married to (or associated with) a person of a certain race or color. 4112.02 of the Ohio Revised Code addresses unlawful discriminatory practices, including race/color discrimination.

Religious Discrimination

The EEOC describes religious discrimination as treating an applicant or employee unfavorably because of his or her religious beliefs. The law protects both people who belong to traditional, organized religions, as well as those who have sincerely held religious, ethical, or moral beliefs. Additionally, religious discrimination can include treating someone differently because he or she is married to (or associated with) someone of a particular religion. At the state level, 4112.02 of the Ohio Revised Code addresses unlawful discriminatory practices, including religious discrimination.

Retaliation Discrimination

According to the EEOC, it is illegal to punish job applicants or employees for asserting their rights to be free from employment discrimination, including harassment. Asserting these rights is called “protected activity,” and it can take many forms. At the state level, Section 4167.13 of the Ohio Revised Code prohibits retaliation by employers.

Sex-Based Discrimination

The EEOC describes sex discrimination as treating an applicant or employee unfavorably because of that person’s sex, including the person’s sexual orientation, gender identity, or pregnancy. Title VII prohibits discrimination against an individual based on gender identity, transgender status, or sexual orientation. Rule 4112-5-05 of the Ohio Revised Code discusses state laws regarding sex discrimination.

Sexual Harassment

It is illegal to harass an employee or applicant because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Although, harassment does not have to be of a sexual nature. It can include offensive remarks about a person’s sex. Sexual harassment is prohibited by Title VII of the Civil Rights Act of 1964, Ohio Revised Code 4112.02, Ohio Administrative Code 123:1-49, the AntiDiscrimination Policy in State Government Executive Order 2011-05K.

Sexual Orientation and Gender Identity (SOGI) Discrimination

In Bostock v. Clayton County, Georgia, the Supreme Court ruled that firing individuals because of their sexual orientation or gender identity violates Title VII’s prohibition on discrimination because of sex. The law prohibits sexual orientation and gender identity discrimination when it comes to any aspect of employment.

Know the Common Types of Workplace Discrimination

 Disparate Treatment

Disparate treatment occurs when an employer treats some individuals less favorably than other similarly situated individuals because of their race, color, religion, sex, or national origin. This intentional type of discrimination is the most common type of workplace discrimination. You might have experienced disparate treatment if your employer deliberately did not give you a promotion or a bonus, gave you an unfairly bad performance review, fired you, or, if you were a job applicant, did not hire you. If you are an employee who faced direct discrimination, experienced prejudiced actions, were held to different standards, or were given unequal treatment, please call us today for a free consultation.

Disparate Impact

Disparate impact occurs when workplace procedures are exactly the same for everyone, but people in a protected class are disproportionately impacted. For example, if an employer requires that all applicants pass a physical agility test, does the test disproportionately screen out women? Determining whether a test or other selection procedure has a disparate impact on a particular group ordinarily requires a statistical analysis. If you are an employee who faced indirect discrimination, unequal consequences, or results, and were held to the same standards as others but faced with different consequences, please call us today for a free consultation.