Every form of harassment or discrimination isn’t illegal. Just because someone’s singled out at work, doesn’t mean that the person’s claim is actionable. To lodge a discrimination claim, the person must be part of a federally-protected class, and the discriminatory behavior must be based on the person’s membership in that class. Employment Law Attorneys Springfield MA can tell you more about state law and about how it affects your rights as an employee.
The 1964 Civil Rights Act
The biggest federally-protected class is those who face discrimination because of race, sex, religion or national origin. Employers must give applicants and employees reasonable accommodations as far as religion is concerned unless the accommodations would create a hardship. For EEOC claims, pregnant women can be considered part of the protected class.
Federal laws don’t expressly prohibit discrimination based on sexual orientation, but courts have found that those who are harassed by someone of the same gender have a claim. Courts have also ruled that transgender people have actionable claims if they are discriminated against for refusing to follow gender roles.
The ADEA Act
The Age Discrimination in Employment act (ADEA) prohibits discrimination against workers 40 and older, and it applies to companies with 20+ employees. A worker may have a claim if he or she is terminated and subsequently replaced with someone younger. The law also prohibits preferential treatment for younger workers, unless age is a job qualification.
The Equal Pay Act
By federal law, employers cannot pay men and women differently for the same kind of work. The Equal Pay Act applies to any employer operating under the Fair Labor Standards Act. Connor Morneau & Olin can help you recover if you believe you’ve been paid unfairly.
The ADA
The Americans with Disabilities Act prohibits discrimination based on disability, and it applies to companies with 15+ workers. Employers are required to provide employees with reasonable accommodations so they can do the jobs they were hired to do.
Other Protected Classes
Cities and states may set up other protected classes. For instance, the state of Michigan prohibits employment discrimination based on weight or height, and California prohibits discrimination based on marital status or ancestry. It can be difficult to deal with workplace discrimination, but you don’t have to do it alone. Your Employment Law Attorneys Springfield MA can offer a free consultation and advice specific to your case.
