Distribution of Employment Complaints

Under United States laws, Companies or employers should not discriminate or unfairly treat their employees. Employment discrimination can be based on age, marital status, race, origin, among others. Workplace discrimination is considered blatant disregard of law whatever form or shape it assumes. It’s your right as an employee to speak out against discrimination at the workplace.

The internet has simplified things and the solution could only be a click away. You can start by searching the web for “employment lawyer near me” and you’ll be on your way in no time. Did you know that employers shouldn’t retaliate against employees for filing discrimination complaints? Employment discrimination is a big menace to employees and the figures are there to show.

Employments Complaints Statistics

While not all unfavorable treatment constitutes unlawful discrimination, Employees who have been subjected to workplace discrimination can hold their employers accountable through two legal avenues. The employees can file an employment discrimination complaint with the Equal Employment Opportunity Commission–EEOC, or file a legal action. So, what are the statistics for this menace? The EEOC receive the following workplace discrimination complaints in 2019, and they’re broken down as:

• Retaliation complaints were 39,110–53.8% of the total charges filed in 2019;
• Sex-related complaints were 23,532–32.4%;
• Race discrimination complaints were 23,976–33%;
• Disability discrimination complaints were 24,238– 33.4%;
• Age discrimination complaints were 15,573– 21.4%;
• National Origin discrimination complaints were 7,009– 9.6%;
• Color discrimination complaints were 3,415– 4.7%;
• Religion-related complaints were 2,725– 3.7%;
• Pay discrimination complaints were 1,117– 1.5%;
• Genetic Information complaints were 209– 0.3%.

Forms of Workplace Discrimination

The following situations constitute workplace discrimination:

• Bias towards job applicants, where some candidates are favored over others;
• Eliminating qualified job applicants during shortlisting;
• Denying employees their benefits and considerations;
• Wages gap and discrimination, where equally-qualified employees holding the same positions receive different rewards;
• Denying employees merited employment leaves, such as disability, paternity & maternity, annual leaves, or retirement options;
• Limiting or denying employees’ access to the company’s essential facilities;
• Unwarranted employees’ promotion and lay-offs;

Types of Workplace Discrimination Explained

Section 7 of the Civil Rights Act protects employee discrimination in all facets of employment and it’s enforced by the EEOC. Additionally, the Supreme Court stated that LGBTQ employees are also protected by the provision of the Civil Rights Act. The common types of workplace discrimination include:

1. Age Discrimination

Age discrimination occurs when the hiring process has a preference for a particular age group, or when the hiring process exempts a certain age group. Companies shouldn’t specify an age preference when making job advertisements. The practice is illegal according to employment law.

Employment law further states that employees– regardless of age, are entitled to equal employment benefits provide that the cost of providing a benefit to a young employee equals the cost of reducing employment benefits to older employees. The provisions of the Civil Rights Act on age discrimination extend to apprenticeship programs and internships.

• Discrimination Employees Living with Disabilities

The employment rights of American employees living with disabilities are protected by the Americans with Disabilities Act– ADA, which prohibits the discrimination of qualified job applicants based on disability. In simple terms, prospective employees cannot be disqualified because of their disabilities.

The ADA requires employers to transform their premises to meet the needs of disabled job seekers and employees instead of firing them. The Rehabilitation Act also protects disabled federal employees, just like the ADA.

• Discrimination Based on Sexual Orientation and Gender

The Equal Pay Act calls for equal pay for equal work, regardless of gender– where job content and not title is used to establish whether the roles performed by different employees– female and male in this case, are equal. Besides the Equal Pay Act, the Civil Rights Act sexual prohibits gender pay or rewarding employees based on gender, where male employees are paid more than female employees

• Discrimination on LGBTQ Employees

In June 2020, the U.S. Supreme Court passed a law stating that “employers who fire gay or transgender employees violates the Civil Right Act– Title VII. The rights of LGBTQ candidates and employees were protected in many U.S jurisdictions.

• Discrimination on Expectant Employees

Discrimination against expectant employees is illegal, pregnancies should be treated like temporal illnesses or conditions that require special consideration. Both expectant job seekers and workers are protected by the provisions of the Pregnancy Discrimination Act–PDA.

• Racial Discrimination

It is wrong to discriminate against job applicants and employees because they’re from a race you consider inferior. Also, employers shouldn’t treat employees differently because of their skin color, tone, or complexion.

• Discrimination Based on Religious Affiliation

Discrimination based on religious affiliation is prohibited by Labor Statutes. Employers are required to accommodate an employee’s religious beliefs, provided there are no negative consequences to the employer.

Discrimination at the workplace shouldn’t be happening in this era but if you’re experiencing it, you should consult an employment lawyer near you.