WRONGFUL
TERMINATION & DISCRIMINATORY
PRACTICES
Under Title VII, the Americans with Disabilities Act, and the
Age Discrimination in Employment Act, it is illegal to discriminate
in any aspect of employment, including:
- Hiring and firing;
- Transfer, promotion, layoff, or recall;
- Job advertisements;
- recruitment;
- Testing;
- Compensation, assignment, or classification of employees;
- Use of company facilities;
- Training and apprenticeship programs;
- Fringe benefits;
- Pay, retirement plans, and disability leave; or
- Other terms and conditions of employment.
OTHER DISCRIMINATORY PRACTICES
Discriminatory practices under these laws also include:
- Harassment on the basis of race, color,
religion, sex, national origin, disability, or age;
- Retaliation against an individual for filing a charge
of discrimination, participating in an investigation, or
opposing discriminatory practices;
- Employment decisions based on stereotypes or assumptions
about the abilities, traits, or performance of individuals
of a certain sex, race, age, religion, or ethnic group,
or individuals with disabilities; and
- Denying employment opportunities to a person because of
marriage to, or association with, an individual of a particular
race, religion, national origin, or an individual with a
disability. Title VII also prohibits discrimination because
of participation in schools or places of worship associated
with a particular racial, ethnic, or religious group.
NATIONAL & RELIGIOUS DISCRIMINATION
National Origin Discrimination:
- It is illegal to discriminate against an individual because
of birthplace, ancestry, culture, or linguistic characteristics
common to a specific ethnic group.
- A rule requiring that employees speak only English on
the job may violate Title VII unless an employer shows that
the requirement is necessary for conducting business. If
the employer believes such a rule is necessary, employees
must be informed when English is required and the consequences
for violating the rule.
Religious Accommodation:
- An employer is required to reasonably accommodate the
religious belief of an employee or prospective employee,
unless doing so would impose an undue hardship.
SEX DISCRIMINATION
Title VII's broad prohibitions against sex discrimination specifically
cover:
- Sexual Harassment - This includes practices ranging from
direct requests for sexual favors to workplace conditions
that create a hostile environment for persons of either
gender, including same sex harassment. (The "hostile
environment" standard also applies to harassment on
the bases of race, color, national origin, religion, age,
and disability.)
- Pregnancy Based Discrimination - Pregnancy, childbirth,
and related medical conditions must be treated in the same
way as other temporary illnesses or conditions.
AGE DISCRIMINATION IN EMPLOYMENT ACT
The ADEA's broad ban against age discrimination also specifically
prohibits:
- Statements or specifications in job notices or advertisements
of age preference and limitations. An age limit may only
be specified in the rare circumstance where age has been
proven to be a bona fide occupational qualification (BFOQ);
- Discrimination on the basis of age by apprenticeship programs,
including joint labor-management apprenticeship programs;
and
- Denial of benefits to older employees. An employer may
reduce benefits based on age only if the cost of providing
the reduced benefits to older workers is the same as the
cost of providing benefits to younger workers.
AMERICANS WITH DISABILITIES ACT
The ADA prohibits discrimination on the basis of disability
in all employment practices. The ADA defines an "Individual
with a Disability" as a person who has a physical or mental
impairment that substantially limits one or more major life
activities, has a record of such an impairment, or is regarded
as having such an impairment. Major life activities are activities
that an average person can perform with little or no difficulty
such as walking, breathing, seeing, hearing, speaking, learning,
and working.
A qualified employee or applicant with a disability is someone
who satisfies skill, experience, education, and other job-related
requirements of the position held or desired, and who, with
or without reasonable accommodation, can perform the essential
functions of that position. Reasonable accommodation may include,
but is not limited to, making existing facilities used by employees
readily accessible to and usable by persons with disabilities;
job restructuring; modification of work schedules; providing
additional unpaid leave; reassignment to a vacant position;
acquiring or modifying equipment or devices; adjusting or modifying
examinations, training materials, or policies; and providing
qualified readers or interpreters.
REMEDIES AVAILABLE WHEN
DISCRIMINATION IS FOUND
The "relief" or remedies available for employment
discrimination, whether caused by intentional acts or by practices
that have a discriminatory effect, may include:
- Back pay,
- Hiring,
- Promotion,
- Reinstatement,
- Front pay,
- Reasonable accommodation, or
- Other actions that will make an individual "whole" (in
the condition s/he would have been but for the discrimination).
Remedies also may include payment of:
- Attorneys' fees,
- Expert witness fees, and
- Court costs.
REMEDIES AVAILABLE WHEN DISCRIMINATION
IS FOUND
Under most EEOC-enforced laws, compensatory and punitive damages
also may be available where intentional discrimination is found.
Damages may be available to compensate for actual monetary losses,
for future monetary losses, and for mental anguish and inconvenience.
Punitive damages also may be available if an employer acted
with malice or reckless indifference. Punitive damages are not
available against the federal, state or local governments.
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