Labor Law

Unfair Employment Practices? Find Out How You Can Fight Back

Unfair employment practices are any actions taken by employers deemed illegal under labor laws. The United States Equal Employment Opportunity Commission (EEOC) has set the proper guidelines for employment practices, and anything that goes against them can be considered an unfair practice. 

Discrimination

It is illegal for an employer to discriminate against someone due to the person’s race, color, religion, sex, gender identity, sexual orientation, national origin, age (40 and above), disability, or pregnancy. It’s also illegal for employers to retaliate against an applicant or employee who has claimed workplace discrimination. 

As a step further, employers are forbidden from having neutral employment policies that disproportionately negatively affect the minority groups above. The only exemption to this is regarding age – the employer’s policies can’t negatively impact employees and applicants over 40 unless they are based on a reasonable factor other than age. 

Where Discrimination Can Be Seen

There are many areas where unfair employment practices can be observed. Discrimination is most commonly seen in the following areas:

  • Recruitment
  • Application and hiring process
  • Background checks
  • Job referrals
  • Job assignments and promotions
  • Pay rates and benefits offered
  • Discipline and termination
  • Employment references

Reasonable Accommodations

Employers must provide reasonable accommodations for employees and applicants with a disability unless the provision would cause significant expense or difficulty for the employer.

A reasonable accommodation is a change to the workplace to help a person with a disability apply for a job, perform the duties, or enjoy the privileges and benefits of employment. Some examples include a wheelchair ramp, a reader for a blind employee, or an interpreter for a deaf employee. 

Accommodations are also required for employees and applicants with limitations related to pregnancy, childbirth, or any related medical condition. Accommodations in this category often include additional break times, remote work, allowing employees to sit when they are typically required to stand, and time off for medical appointments or recovery from childbirth. 

Religious accommodations are also required of employers. This includes allowing employees to practice religion with accommodations like time off to attend religious services. 

What to Do If You’re the Victim of Unfair Employment Practices

If you have been subjected to unfair workplace discrimination or while applying for jobs, you should pursue legal action. The lawyers at Gandhi Selim Law are here to help you build your case and fight for the fair treatment you deserve. 

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