Date: September 14, 2021

By: Prime Law Group

Forms of Employee Discrimination

Age Discrimination

To begin, there is age discrimination. The Age Discrimination in Employment Act of 1967 says no one over the age of 40 may be discriminated against. In addition, this applies to individuals being pressured or forced to retire. For example, companies will try and replace well paid older worker with younger ones so that they can pay them less. In the event you feel that you were discriminated against in this way, you should reach out to the ADEA. To clarify, the ADEA solely focuses on cases of discrimination against older workers.

Disability Discrimination

The Americans with Disabilities Act (ADA) and Rehabilitation Act forbid employers from discriminating against a disabled person. More specifically, the ADA restrains private employers which employ more than 15 people. Similarly, the Rehabilitation Act applies to all government entities, as well as federal contractors. Disability discrimination is not the same as we see when applied to race or age. Therefore, in order to prove discrimination, you must prove you are in fact disabled. Once this has been proven you are then protected by the ADA or Rehabilitation Act. Furthermore, you are also entitled to “reasonable accommodation”. Often, “reasonable accommodation” comes in the form of modified work schedule or work duties or unpaid time off. Lastly, special accommodations will be had to help assist the disabled person with doing their job.

Equal Pay Discrimination

The Federal Equal Pay Act insists employers pay both female and male workers the same wage for doing the same jobs. This applies to all employers which are already subject to the Fair Labor Standards Act. The only acceptable reasons for wage difference between genders comes from things like merit and seniority. Never based on gender alone. 

National Origin Discrimination

The Immigration Reform and Control Act bars employers from discriminating against one’s national origin. Therefore, this form of discrimination includes things like ancestry, birthplace, ethnicity, and language. “The law was enacted at the same time that the government strengthened its penalties against employers who hire illegal aliens and was intended to prevent employers from overreacting to the new laws by refusing to hire anyone who appears foreign.” -findlaw