As mentioned in the first article; Types of Workplace Discrimination Prohibited by EEOC (Part 1); the Equal Employment Opportunity Commission (EEOC) is an agency that has the right and power to investigate workplace discrimination allegations against employers. Its primary role is to determine whether discrimination occurred in the workplace and whether the rights of employees were violated by their employer.
If the agency determined that this illegal action happened, it will then try to resolve the problem without requiring both parties to undergo court proceedings. However, there are many instances when problems are not resolved during settlement talks. As a result, the agency is forced to file a case in court on behalf of the aggrieved employee.
Aside from age, national origin, and pregnancy discrimination, here are other types of discrimination that are prohibited by EEOC:
The Americans with Disabilities Act (ADA) of 1990 prohibits local and state governments, labor unions, employment agencies, and private employers from performing discriminatory actions or practices against a disabled qualified individual. The protection provided by it applies to all areas of employment including hiring, benefits, and compensation.
According to EEOC, a person will be seen as disabled if:
- He is suffering from a mental or physical impairment which significantly limits at least one major life activity
- He is believed to be impaired
- He can provide a record which shows that he is suffering from an impairment
Title VII prohibits covered employers from discriminating against an applicant or employee on the basis of his religion. Under this law:
- Employers are required to perform necessary actions which can protect their employees from religious discrimination.
- Employers are required to accommodate an employee's religious practices. This accommodation involves changes that were made to the employee's working environment which can enable him to practice or show his religious beliefs. However, they will not be required to provide such accommodation if it will cause them or the company to suffer from "undue hardship."
Equal Compensation Discrimination
Under the Equal Pay Act (EPA) of 1963, ADEA, ADA, and Title VII, employers should not be biased when determining an employee's rightful salary.
EPA prohibits employers from providing unequal salary to male and female workers who are tasked to a job which requires equal skill, responsibility, and effort. In addition, company workers, regardless of their gender, should be paid equally if they are subjected to the same work conditions.
If you feel that you were subjected to discriminatory practices, you can take legal action against your employer with the help of a skilled Los Angeles discrimination lawyer. This legal expert will do everything that he can in order to increase your chances of winning the case and being compensated.