DISCRIMINATION IN THE WORKPLACE
Discrimination is everywhere.
All discrimination is wrong but in many cases it is not illegal.
DISCRIMINATION DUE TO RACE, COLOR, CREED, AND NATIONAL ORIGIN
Throughout the years of representing workers we find that the most destructive
discrimination is over what a person is. In these times we would want
to believe that employers do not discriminate against a person because of his
color or race, but we know that racism is alive and well. If you are a victim
of racism you have several ways to put a stop to it.
Most cases of racism are clear and obvious while others are subtle. We don't
hear of too many bosses using the 'N' word, but we DO hear from
qualified workers who have been discriminated against such as the man who
was denied a parts counter position because he "looked like a Mexican."
We hear more about age discrimination now than we did years ago. In these days
of so-called "downsizing" the older worker is being singled out. The reasons
are clear. The employer can save by hiring a younger worker who will have less
earned vacations, pension expenses, lower wages and less use of the health
insurance program.
Age discrimination can be subtle or it can be blatantly obvious. When an
employer chooses a younger employee over an older employee it leaves itself
open for a charge of discriminaion.
Sexual discrimination can surface in many different ways. A female who is
denied a promotion, is paid less than men doing the same work, given less-
desirable hours, given less-desirable lockers or restroom facilities is
certainly being discriminated against. The old belief that there is men's
work and women's work has rightfully been retired. Women deserve to be
treated as true equals in the workplace. Anything less is discrimination.
Sexual harrassment is one of the worst forms of discrimination. The harrassment
can come from both management as well as a co-worker. Suggestive comments, jokes
and pictures have no place on the job. This can cut right down to the soul of the
offended worker. Actual sexual assault such as improper touching or grabbing
cannot be tolerated. Usually the victim is a female. In many cases the harrassed
female will experience both physical and mental distress over the treatment.
If you are the victim of improper touching you should report the assault to
your law enforcement officials.
Most states have a law which not only prohibits employers from discriminating
against disabled workers, but also requires employers to make reasonable
accomodations which will allow the disabled employee to stay on the job.
Disabled workers are also protected by the new Americans With Disabilities
Act which is administered by the Equal Employment Opportunity Commission.
Workers whose employers are federal contractors are also protected by
the U.S. Department of Labor(Office of Contract Compliance). A complaint
filed with this agency could cause the employer to be barred from future
business with the federal government.
A disability has to be something which interferes with one of life's
functions. A person who cannot hear, see, walk, talk, lift or sit is
clearly covered by most state laws as well as the Americans With Disabilities
Act. Other restrictions such as loss of the use of an arm or leg, inability
to grip, to hold items, to bend or to stoop may also qualify as a disability
under the law. An employer who discriminates against a worker as a result of
a disease such as cancer, AIDS, or others could be in violation
of the law.
A reasonable accomodation could be as simple as a ramp for a wheel chair, or a
hydraulic lift for a person who cannot lift.
An employer who perceives that a worker is disabled could be in violation of
the law if it discriminates against a worker as a result of the perceived
disability.
There are a lot of other forms of discrimination. In most states an employer
cannot discriminate against a worker as a result of jury duty. Federal law
prohibits the employer from discriminating against an employee as a result of
National Guard or Reserve service, support for a union or a concerted
activity, absences under the new Family and Medical Leave Act(see link),
or complaints to O.S.H.A. or other government agencies.
There is no reason why you should have to quit your job in order to
get out from under unlawful discrimination. There are several steps that you
can take to put a stop to the offending practice.
Most employers have an in-house discrimination policy which is usually posted
or included in the employee handbook. In most cases these policies were created
under a mandate from the state or federal government. A worker who is affected
by unlawful discrimination on the job should get a copy of the employer's policy
and follow the policy guidelines as closely as possible. Make all of your
complaints in writing and keep copies for your records. A local Sioux
City company paid a large amount to to settle a case where the worker kept
good records. If it is a co-worker who is creating the problem be sure
to let that person know you will not tolerate the offending treatment.
If a supervisor is causing the problem follow the employer's policy and make
your complaint to the proper management person. Most government agencies
will want you to make a good faith attempt to follow the employer's discrimination
policy. If you don't get some corrective results right away you should file
a complaint with the proper government agency.
You have the right to file a complaint with the proper authorities at
anytime. Many cities and states have their own ordinances against discrimination.
Once you file the charge with the city or state agency the matter is
cross-filed with the federal government. You should remember that most city
and state ordinances have a 180 day time limit in which to file a charge.
The time limit for the federal E.E.O.C. is 300 days. Once the charge
is filed your employer will be notified.
The complaint process is simple: The state or federal agency will conduct an
investigation to determine if the complaint has merit. If so, the agency will
attempt to resolve the matter, if possible. If the matter cannot be resolved,
the agency can take the employer to a hearing or to court. No matter what
the agency decides a worker always has the right to sue the employer
in a court of law. You should know that before you can sue your employer
you have to file with your state and/or federal agency within the time limits
set out above.
In so many cases, even though the employer's action does not fall under illegal
acts, the damage done to the worker is just as great. Usually there is no
government agency to turn to; yet there are many things that can be done.
Find a co-worker to join your efforts. In most cases this gives you the protection
of the National Labor Relations Act.