What counts as discrimination under employment law?

• 13 October 2016
• in: Personal Injury Blog

Employment discrimination — what is it?

It’s helpful to first clarify what employment discrimination is and isn’t. Employment discrimination law deals with matters affecting protected categories, such as people of a particular race or religion. It seems equally important to note that discrimination based off of non-categorical factors, such as personality, have no relevance from a legal standpoint. Therefore, it is imperative that you understand the legal limits of employment discrimination.

According to find law, legal discrimination can occur due to someone’s “race, gender, ethnicity, religion, disability or age.” Discrimination can also happen at various stages of employment, including hiring, promotion and termination. It’s also important to note there are other aspects of discrimination covered under the umbrella of the law that might slip your notice, such as disability leave or even retirement plans. Other lesser known types of discrimination include hiring decisions based on an individual’s genetic history, preferred language, or the fact that their spouse is a type of person protected under the employment discrimination law that the employer has chosen to discriminate against.

Specialization is important

Employment law is incredibly broad. Discrimination law is a distinct branch of the law from, say, workers’ compensation issues. So you would want to find a lawyer whose focus is on employment discrimination, and who specializes in the type of discrimination that is relevant to your legal dispute.

Time limits and proper procedures

If you’ve been discriminated against, you should consult an attorney as soon as possible. You must file charges with the EEOC as a preliminary step to private lawsuits, and this must be completed within 180 days of the alleged event.

If you have any questions, please contact us.