5 Ways Employers Can Discriminate Against Workers

posted by Daniel Stevens  |  Sep 11, 2018 4:46 PM [EST]  |  applies to California


5 Ways Employers Can Discriminate Against Workers

5 Ways Employers Can Discriminate Against Workers

Employers can, unfortunately, find different ways to discriminate against their employees.  Particular classes of people and different characteristics an employee may bear are considered under employment laws as shielded from unfair treatment in the workplace.  This, however, does not mean that the law guarantees an employee falling under its protection may be totally shielded from mistreatment at the workplace.  A Discrimination Lawyer can provide guidance and support in a discrimination case for employees and may raise the following points listed below of ways employers can discriminate against employees or applicants.


1.  Discrimination is specifically based on the protected class or characteristic

5 Ways Employers Can Discriminate Against Workers

The law provides protection for particular classes and characteristics of people when they are mistreated based on the sole reason that the employee is a member of a recognized class or bears an acknowledged characteristic.  For example, an employee who is female and identifies herself as being a woman may be told by her boss that she will not be chosen for a promotion because women are too emotional and cannot handle the role.  In that scenario, because sex is considered as a protected class, the female employee may have a claim against her boss for participating in unlawful employment practices.  By telling the female employee that she would not be promoted because she was a woman and further explained that women are too emotional, demonstrates the boss was discriminating against the female employee based on her sex and denied a promotion based on stereotypes.  So although the law did not prevent the discrimination from taking place, the law may provide the employee with the right to sue and perhaps recover in a discrimination suit against her employer. In addition, note that the employee was not provided protection because she was a woman but because she was mistreated based on being a woman.
Although discriminating against an employee may be because he or she is a member of a protected class or carries a protected characteristic is listed as one of the ways an employer can discriminate against an employee, it applies to all forms of unlawful discrimination.  In other words, although there are other ways of exercising discrimination, the motivation behind discrimination, in general, must always be based on the employee’s membership of a recognized class or bearing a recognized feature. A Discrimination Lawyer who takes on a discrimination claim will look for evidence to show that the employee was mistreated in several ways for the sole reason of the employee’s class or recognized feature.


2.  Depriving employment benefits and opportunities

5 Ways Employers Can Discriminate Against Workers

Another way an employer may demonstrate their disfavor for a particular employee is bypassing the employee over for a promotion.  It may be more evident that an employer is passing a certain employee over for promotion if he or she was qualified or overqualified for the position.  Another telltale sign that the decision was based on unlawful reasons is if the employee who was awarded the promotion instead of the employee in question was under-qualified for the position or was less qualified than the employee in question.
Depriving an employee of employee benefits as a form of discrimination may also be demonstrated through the reduction of pay or work hours.  Another form may be exercised through giving other employee’s vacation time while withholding the same time off for the particular employee.


3.  Denying employment

5 Ways Employers Can Discriminate Against Workers

Employees are not the only individuals who may become victims of discrimination.  Applicants may also experience discrimination in the workplace.  Employers may treat an applicant adversely by asking an employee about his or her race, refuse to hire an applicant based on their sex, religion, sexual orientation, or even if the applicant is pregnant. Applicants have rights as well as employees and may also be entitled to recover in legal proceedings.


4. Jokes and teasing

5 Ways Employers Can Discriminate Against Workers

An employer may prove that he or she is being discriminatory by making offensive jokes, derogatory remarks, or teasing the employee or applicant.  The taunting may be characterized as discriminatory if the jokes are directed at the employee’s protected class or characteristic.  Another way the teasing may be made out to be discriminatory is if the employer only treats one particular employee in that way and no other employees with the same distinctive feature or class are employed at the workplace.


5.  Termination

5 Ways Employers Can Discriminate Against Workers

An employer may discriminate against an employee by terminating the employee from their position.  This means an employer may decide to fire an employee based on the employee belong to a protected class or bearing a protected characteristic. An employer may not always blatantly say that is the reason for termination but other evidence may point to it being based on discriminatory purposes. In situations like this, if an employee feels as though they were fired based on discrimination reasons, the employee should consult with a Discrimination Lawyer. The Discrimination Lawyer may be able to gather evidence to show that the reason for termination was based on unlawful reasons which may give rise to a wrongful termination claim.
Over time, several statutes have been enacted at the state and federal level to create equal employment opportunities in the workplace for all employees.  Employees who belong to a protected class or carry a recognized distinguished feature should not tolerate mistreatment in the workplace, yet many are intimidated do because the legal process can be daunting.  Luckily, an employee can discuss a potential claim in a safe and approachable environment with a Discrimination Lawyer because many firms offer free consultations which help the process to feel less overwhelming. Maintaining a job and building a career is hard enough as it is, enduring discrimination and unfair treatment at work just because of who you are should not be added to everyday stresses for employees. Reach out to a Discrimination Lawyer today to set up a free consultation about your potential discrimination claim. There are many ways an employer can discriminate against an employee but it doesn’t mean the employee doesn’t have rights to make a claim against their employer.


Source: 5 Ways Employers Can Discriminate Against Workers

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