Forms of Discrimination

In plain English to Discriminate means to distinguish, single out, or make a distinction. In the context of the civil rights law, unlawful discrimination refers to unfair or unequal treatment of an individual (or groups) based on certain characteristics such as:

Discrimination happens when an employer treats one employee less favorably than others. It could mean a female employee being paid less than a male colleague for doing the same job, or minority ethnic employee being refused the training opportunities offered to white colleagues.

There are specific laws against some forms of discrimination, such as “unlawful discrimination.” If your employer treats you less favorably for an unlawful reason, you may be able to take action. If your employer treats you unfairly for any other reason, this is not unlawful discrimination.

Age

The Age Discrimination in Employment Act (ADEA)protects those age 40 and over from employment discrimination.

Race

No person shall be denied because of his/her racial group or perceived racial group, his/her race-linked characteristics (e.g., hair texture, color, facial features), or because of his/her marriage to or association with someone of a particular race or color.

Pregnancy

Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments. Title VII also applies to employment agencies and to labor organizations, as well as to the federal government. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Religion

Employers must permit employees to engage in religious expression, unless the religious expression would impose an undue hardship on the employer. Employers may not treat employees or applicants more or less favorably because of their religious beliefs or practices Employees cannot be forced to participate -- or not participate – in a religious activity as a condition of employment.

Gender (sex)

It is unlawful to discriminate against any employee or applicant for employment because of his/her sex in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment.

Under the 1975 Sex Discrimination Act it's unlawful for an employer to discriminate against you because of your sex or because you are married. It's also unlawful to discriminate against you because you've had, are having or intend to have, gender reassignment. This means someone, supervised by a doctor, who changes their gender. The discrimination can be 'direct' or 'indirect', deliberate or accidental. If someone is disadvantaged at work because of their sex, marital status or gender, it is unlawful.

Disability

Prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

Equal Pay

Requires that men and women be given equal pay for equal work in the same establishment. Jobs need not be identical, but they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal.

Employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment.

National Origin

National origin discrimination means treating someone less favorably because he or she comes from a particular place, because of his or her ethnicity or accent, or because it is believed that he or she has a particular ethnic background. National origin discrimination also means treating someone less favorably at work because of marriage or other association with someone of a particular nationality.

Retaliation

One can not fire, demote, harass or otherwise "retaliate" against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. protects individuals from coercion, intimidation, threat, harassment, or interference in their exercise of their own rights or their encouragement of someone else's exercise of rights granted by the ADA.

Sex Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

What is Direct Discrimination

You shouldn't be treated less favorably or differently because of your personal sexual orientation or because an employer assumes or thinks you are of a certain sexual orientation.

If an employer gives benefits to the opposite sex unmarried partners of its employees and refusing the same benefits to same-sex partners might be discrimination.

What is Indirect Discrimination

You have the right not to be disadvantaged by a policy at work because of your sexual orientation. Say you worked for a company and they arrange a conference in a country

where homosexuality is illegal and there is no good reason for it to be held there, this could be classed as indirect discrimination.