Employment Discrimination under Employment Law
Employment Discrimination in Employment Law: Detailed Explanation
What is Employment Discrimination?
Employment Discrimination occurs when an employee or job applicant is treated unfairly or unequally because of certain personal characteristics or attributes. This unfair treatment affects hiring, firing, promotions, pay, job assignments, or other terms and conditions of employment.
Protected Characteristics
Employment discrimination typically involves unfair treatment based on characteristics such as:
Race
Gender
Age
Religion
National origin
Disability
Pregnancy
Sexual orientation or gender identity (in many contexts)
Types of Employment Discrimination
Disparate Treatment:
Intentional discrimination where an employee is treated differently because of a protected characteristic. For example, a qualified woman is passed over for promotion in favor of a less qualified man.
Disparate Impact:
When an employer’s neutral policy or practice disproportionately affects a protected group, even if there is no intent to discriminate. For example, a hiring test that unintentionally excludes certain racial groups.
Harassment:
Unwelcome conduct based on protected characteristics that creates a hostile or offensive work environment.
Retaliation:
Punishing an employee for complaining about discrimination, participating in an investigation, or asserting their rights.
How Employment Discrimination Happens
During recruitment and hiring
In compensation and benefits
Job assignments and promotions
Training opportunities
Termination or layoffs
Workplace conditions and harassment
Why Employment Discrimination Matters
It violates the principle of fairness and equality in the workplace.
It harms individuals by limiting job opportunities and affecting income and career growth.
It damages workplace morale and productivity.
Employment law provides remedies to victims, promoting inclusive and fair work environments.
Summary
Employment Discrimination means unfair treatment based on protected characteristics.
Includes disparate treatment, disparate impact, harassment, and retaliation.
Affects all stages of employment: hiring, promotion, pay, and termination.
Aims to ensure equal opportunity and prevent unfair bias in the workplace.
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