Passionately Fighting For You

What is considered discrimination in the workplace?

On Behalf of | Oct 22, 2024 | Discrimination

Employers in the United States are legally not permitted to discriminate against employees and job applicants. The Equal Employment Opportunity Commission (EEOC) prohibits employers must not mistreat an employee based on a protected characteristic. The following traits are considered protected under law:

  • Race
  • Religion
  • Gender or gender identity
  • National origin
  • Age (over 40 years old)
  • Sexual orientation
  • Disability

How does discrimination occur at work?

Certain federal and state laws (e.g., Title VII of the Civil Rights Act of 1964 or Colorado’s Anti-Discrimination Act) are intended to protect employees and job applicants from discrimination. Discrimination at work can occur in several forms, including:

  • Treating an employee with a certain protected characteristic worse than another employee with a different protected characteristic (e.g., treating an employee who is over the age of 40 worse than a younger employee).
  • Harassing an employee through supervisors, managers, or other employees based on a protected characteristic of the employee.
  • Creating or allowing a hostile work environment for an employee based on a protected characteristic of the employee.
  • Failing to accommodate an employee’s religion or disability at work.
  • Requiring an employee or job applicant to disclose certain genetic or medical information.
  • Retaliating against an employee (through termination, demotion, etc.) when they complained about discrimination at work.

What should I do if I am experiencing discrimination at work?

If your employer is discriminating against you, it is important that you file a charge of discrimination with the EEOC or Colorado Civil Rights Division (CCRD). It is important that you file your claim with the EEOC within 300 days or with the CCRD within 180 days. Be sure to keep careful records and document any interactions you have with supervisors and coworkers in the workplace.