Whether you are an employee or an employer, it is essential to have a grasp of the laws that prohibit employment discrimination, which includes Title VII of the Civil Rights Act (Title VII) and Title I of the Americans With Disabilities Act (ADA). For employees, these laws provide important legal protections, while employers can potentially be liable for violating these laws. Here are five important things you need to know about employment discrimination:
- Employment discrimination is not always obvious
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- Sometimes, discrimination can be pretty easy to pick out, with employers using racial slurs, insulting language, or unambiguously hostile actions against protected employees. However, it is more common for discrimination to be subtle, such as refusing to grant raises or promotions that other employees would be entitled to. This is why employees may struggle to prove discrimination is even happening, much less that they were the victims of it.
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- Employers have a responsibility to prevent discrimination
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- The legal responsibility of employers goes beyond simply refusing to engage in overtly discriminatory policies. They also must take steps to prevent discrimination from occurring within their organizations. This means, for example, counseling job recruiters on appropriate hiring practices, and training managers not to engage in discriminatory behavior.
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- Employment discrimination does not need to be intentional
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- Just because an employer does not intend to discriminate against employees does not mean their behavior might not be a violation of employment law. Under what is known as the “disparate impact” standard, an otherwise seemingly neutral policy may be seen as employment discriminatory if it disproportionately privileges or harms one group over others. This means employers may be held responsible if they do not adequately evaluate the impact of their policies.
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- Employees are entitled to reasonable accommodations
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- Under the ADA, employees are entitled to “reasonable accommodations” for their physical or mental disabilities. This means that employers must give them a certain measure of assistance so they can do their jobs, which may include making modifications to their job requirements or providing assistive equipment. However, there is a limit, as employees may be denied accommodations that are too costly or cumbersome for their employer to provide.
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- If you get into a dispute, you should hire a lawyer
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- If you are an employer or employee dealing with a potential employment discrimination matter, you should make sure to speak to a lawyer with experience handling employment law matters. They can help you figure out the best course of action for yourself, and ensure you get the best possible outcome for your case. The sooner you call, the sooner they can begin working for you.
If you have an employment issue, give the Law Office of Andrew Ross Sack a call. Andrew Ross Sack is a New York and New Jersey employment lawyer who has considerable experience in handling the many aspects of labor and employment law. To schedule a consultation with New York City/Long Island/Westchester employment lawyer Andrew Ross Sack, call (516) 526-3319 or visit his contact page.
