Discrimination in the workplace is a serious issue that can affect anyone. Whether you are an employer or employee, it's important to be aware of what constitutes discrimination and what your rights are if you believe you're the victim of discrimination. In this blog post, we will cover the definition of employment discrimination, common types of employment discrimination, anti-discrimination laws, and what to do to protect your rights.
WHAT IS EMPLOYMENT DISCRIMINATION?
Employment discrimination occurs when an employer takes an adverse action against someone based on a protected characteristic. The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting workplace discrimination and harassment based on things like race or gender.
According to the EEOC, most employers with at least 15 employees are subject to these laws, which cover all aspects of workplace interactions.
COMMON TYPES OF EMPLOYMENT DISCRIMINATION?
Discrimination can take many forms in the workplace. Some common types of discrimination include:
- Race Discrimination - Unfairly treating someone differently because of their race, including refusing to hire or promote them based on their race.
- Gender Discrimination - Discriminating against someone due to their gender identity or expression, such as not allowing a female employee to do certain tasks that male employees are allowed to do.
- Age Discrimination - Refusing job opportunities or promotions for individuals over the age of 40 due to ageism.
- Disability Discrimination - Treating an individual unfairly due to a physical disability, mental impairment, medical condition or history of disability. This includes failure by an employer to make reasonable accommodations for disabled employees when necessary and appropriate under federal law and Wisconsin state law.
ANTI-DISCRIMINATION LAWS IN WISCONSIN AND BEYOND
In addition to the federal anti-discrimination laws enforced by the EEOC, Wisconsin has state laws prohibiting employment discrimination. The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees based on their age, race, color, religion, national origin or ancestry, sex (including pregnancy), sexual orientation and gender identity/expression. The WFEA also protects individuals from discrimination due to arrest record or conviction history.
Anti-discrimination laws cover everything from hiring and firing to benefits and training opportunities. Like other laws, there is a statute of limitations that limits when you may file a complaint. In Wisconsin, that period is 300 days from the occurrence or from when you were made aware of the infringement on your rights.
WHAT TO DO IF YOU ARE A VICTIM OF EMPLOYMENT DISCRIMINATION
If you believe you have been the victim of employment discrimination, it is important to take action. There are a few steps you can take to protect your rights and seek justice. Ultimately, seeking the counsel of an experienced lawyer who understands employment law will be your best course of action, but you can also file a direct complaint with the EEOC and/or Wisonsin's DWD Equal Rights Division.
You can find complete instructions on how to file a civil rights complaint with both organizations at the following links:
Filing a complaint without guidance can be confusing and time-consuming, but don't let that dissuade you.
WHEN IN DOUBT, CONTACT BYKHOVSKY LAW, LLC
If you believe you are the victim of employment discrimination, don't wait to work with experienced legal representation. Contact Bykhovsky Law LLC today for your free consultation and find out how our experienced attorneys can help you understand your rights and protect them throughout the complex legal process.
When filing a complaint isn't enough, the team a Bykhovsky Law is on your side. We will fight to ensure that justice is served and that employers are held accountable for unethical discriminatory practices. We've got your back.
