What is Age Discrimination in the Workplace

What is discrimination in the workplace?

When a business treats a potential employee or candidate unfairly due to their race, religion, color, sex, gender identity, sexual orientation, national origin, veteran status, or disability, it is typically considered to be an example of employment discrimination. It can also happen if a boss fires someone or treats them poorly because they brought up salary or inquired about it during an interview. Discrimination in the workplace can target specific individuals or entire groups.

Which rights do I have?

Everyone has the right to an inclusive workplace. Race, color, religion, sexual orientation, sex, gender identity, disability, or veteran status is not a valid reason to deny employment, harass, demote, dismiss, pay less, or treat less kindly. Pay, including your own, that of your coworkers, and that provided to job candidates, is something you are free to talk about, reveal, or ask about.

Is it true that the OFCCP enforces rules against discrimination in the workplace?

Yes. OFCCP is responsible for carrying out the provisions of the Rehabilitation Act (Section 503), Executive Order 11246, and the Readjustment Assistance Act for Veterans of the Vietnam Era. When taken as a whole, these statutes forbid federally funded businesses from engaging in discriminatory hiring practices or policies against any of the protected classes described above. It is also against the law to discriminate against a worker or potential worker because they inquire about, talk about, or reveal their salary.

Who is protected by OFCCP?

The OFCCP defends the rights of workers and job seekers who work for organizations that provide services to the federal government. People who work for financial institutions, IT companies, grocery stores, factories, accounting firms, and building companies are all part of this category.

What are the signs of discrimination?

Discrimination is unlawful regardless of its form, and it need not be deliberate. In most jurisdictions, the following forms of discrimination are illegal: An employer is guilty of discrimination if they treat a job applicant or employee differently than other people in a similar situation due to the applicant’s or employee’s race, religion, color, sex, gender identity, sexual orientation, disability, national origin, or veteran status.

When an organization’s rules or practices seem fair and are applied equitably, but they negatively affect members of a specific racial or ethnic group, people with disabilities, or other protected groups, this is called disparate impact.

What are some examples of discrimination in the workplace that is against the law?

Here are a few instances where there has been discrimination in the workplace:

• Designating a specific desk for all Hispanic employees
• Using gender pay gaps to pay women less than men
• Making fun of workers with accents on a continual basis
• The practice of favoring some workers over others because of their gender or race
• Preventing certain categories of people from applying for jobs by using irrelevant examinations, such as math or lifting requirements,
• The policy of granting paid sick time to workers recovering from knee surgeries but not from childbirth discriminates against female employees.
• Terminating a worker’s employment when she discussed her salary with a colleague.

What recourse do I have in the event that I feel my employer has engaged in discrimination?

If you believe that you have been the victim of discrimination in the workplace or when seeking employment due to your race, religion, color, sex, gender identity, sexual orientation, disability, national origin, protected veteran status, or for inquiring about, discussing, or disclosing your or someone else’s compensation, you have the option to file a complaint with the OFCCP. You can submit a complaint even if you aren’t sure your employer is a subcontractor or government contractor.

What’s the process for submitting a complaint to OFCCP?

A discrimination complaint can be made in the following ways:

• Using the OFCCP website to fill out and submit an electronic form.
• To file a discrimination claim, you can either visit an OFCCP office in person or send the completed form to the OFCCP regional office that handles the area where the claimed incident happened.

All OFCCP offices have paper copies of the form, and you may also get it online at http://www.dol.gov/ofccp/regs/compliance/pdf/pdfstart.htm. Check out the OFCCP office locator at http://www.dol.gov/ofccp/contacts/ofnation2.htm to locate the one that’s closest to you. Don’t forget to sign your complaint form when you’re done. If you forget to sign the form, don’t worry—OFCCP will still accept your complaint and invite you to do so during a follow-up interview.

If you want to register a complaint about racial, ethnic, religious, gender, sexual orientation, or national origin discrimination, you have 180 days from the date of the alleged discrimination to do so, unless there’s compelling cause to extend the deadline. Claims of discrimination based on salary inquiries, discussions, or disclosures are subject to the same 180-day deadline.

The statute of limitations for submitting a claim of discrimination based on handicap or protected veteran status is 300 days from the date of the alleged discrimination, unless an exceptional circumstance warrants an extension.

Can my employer take disciplinary action, demotion, or otherwise treat me unfairly just because I voiced my concerns?

No. No employer has the right to punish an employee for taking part in an investigation or submitting a complaint. You are protected from any form of harassment, threats, intimidation, coercion, or retaliation when you assert your rights according to the regulations set forth by OFCCP.

Can I report to both OFCCP and the EEOC at the same time?

If you submit a complaint to both the OFCCP and the EEOC, the appropriate agency will look into your case. When investigating your complaint, the OFCCP and the EEOC may choose to collaborate. Where there seems to be a pattern of discrimination affecting a group of employees or applicants, OFCCP normally keeps complaints made against government contractors.

Typically, the Office for Fair Contracting Practices (OFCCP) maintains records of grievances lodged against government contractors that assert claims of disability, sexual orientation/gender identity, or protected veteran status-based discrimination. In most cases, federal contractors that face allegations of discrimination due to inquiries, discussions, or disclosures regarding pay have their complaints retained by OFCCP.

What steps can be taken in the event that it is determined that I have been the victim of discrimination in the workplace?

You might be eligible for compensation that puts you back where you would have been in the absence of the discrimination. Possible outcomes include hiring, promotion, reinstatement, or reassignment. Additional remedies that may be available to you include receiving back pay, front pay, a raise, or a mix of these. If the OFCCP determines that the federal contractor or subcontractor has broken any of its statutes, it may attempt to debar the company, remove it from consideration for future federal contracts, terminate its current contracts or contract amendments, or all of the above.