Any Action of Discriminating towards the Employees Is Illegal
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Discrimination Is Illegal Starting From The Advertising of Vacancy Trough Recruiting, Working, and Termination
Question: Is Discrimination of Employees in Any Aspect Related to a Workplace and Employer and Employees Relationship Legal?
Answer: Discrimination will always be illegal. Even unconscious bias and discrimination is illegal. The employer needs to be aware of the policy, procedures, and practices.
Your eye has to be open on your workforce no matter if they are going to be hired, working already or just terminated by you.
Discrimination of employees or candidates of employment is an adverse treatment at work.
The evaluation and the decisions that the employer can take about the status of an employee should be based only on his or her merit at work.
Discrimination in a workplace is the act of treating an employee or a group of employees differently than to all other workforce based on a classification that has nothing to do with the action of working.
According to the law Title VII of the Civil Rights Act of 1964 – EEOC it is illegal to discriminate employment based on race, color, religion, sex, or national origin.
Different Employment Discrimination
Federal law prohibits discrimination by the following specification.
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Age
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Race/Color
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Gender or sex
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Equal Pay/Compensation
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Disability
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Harassment
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Religion
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National origin
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Color
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Pregnancy
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Genetic Information
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Retaliation
This time acceptances of sexual orientation and the so ordinary overweight people added these two conditions to the list of protected characteristics.
Discrimination Can Happens Openly in Hidden Action in Employment Practices
Practices that are defined as discrimination are any biased behavior when employees are selected, hired, job assignment, or difference in compensation, promotion, and termination of employment, Salaries, and benefits, testing and training, internship and apprenticeship. No retaliation or harassment is permitted.
Obvious discrimination occurs when you reject a candidate because he is black and you say that black people do not work hard. Telling this idea to the HR team will raise the voice of your employees against this clear discriminatory statement.
Read more about unconscious bias.
Discrimination can occur silently coming to form your believes attitudes and values as a conscious bias.
In this case, you will not say anything against the race of a candidate, but you still think that these people are not good enough for you, so you will find another not discriminatory reason to reject the applicant.
This happens all the time, and everywhere, you can avoid it, by all means, it may become a big deal if the employee shows in court that the excuses you used to reject him, or she were not valid, you will be in a big problem. It is a mistake to let this wrong decision to be taken in your workplace.
Additional Protections From having Discrimination problems
Additional protection against discrimination of employees exists under Federal laws. The protection includes the following:
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Employees harassment based on age, race, color, religion, sex, national origin, disability, or genetic information is prohibited.
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Retaliation toward a person that files the charge of discrimination participated in an investigation of a discrimination complaint, or a person that opposes the discriminating practices is prohibited.
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HR decisions based on stereotype or assumption about employees or applicants that are included in one of the classifications are unlawful.
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Opportunities on vacancy should not be denied to the people that are protected under these classifications.
On or harassment. Your staff must be trained to avoid or block and react as soon as they see that someone of your managers is making the mistake of violating the laws about discrimination of employees.
There are always reasons to terminate an employee, make sure to have documentation and good legal base for any termination. You have to know how to terminate the employment of your employees that gained negative points while working. You can fire your employee without documented reasons for this.
Once you got yourself a complaint strive to get a win-win statement.
Those are the laws that are enforced by the U.S. Equal Employment Opportunity Commission (EEOC).
The EEOC provides oversight, instructions, and coordination; there are guidelines and oversights by the federal equal employment opportunity regulation.
In the case of a complaint filed against you as an employer, let’s say an employee who is fired for abusing the Family and Medical Leave Act (FMLA) alternate time off, It is mostly expected that you will have an EEOC lawsuit at the same time.
For an employee or ex-employee, it is easy for the worker to claim you violated one of the protected classification or the two at the same time. Here you have two fight to struggle at the same time.
You will need to show all the documentation professionally. You are presenting the facts about the reasons for the decisions you had taken: candidates and your present and past employees in the areas listed earlier in this article.
Taking into consideration that discrimination Is Illegal from The Advertising of Vacancy, your ads must be well written with no limitation about the characteristics of the people you are looking at future employees in your workplace. Anyone that feels the skills you need and has clean pass can be a candidate. You can get the best-qualified one of them all.
There are many reasons for having discrimination
on or harassment. Your staff must be trained to avoid or block and react as soon as they see that someone of your managers is making the mistake of violating the laws about discrimination of employees.
There are always reasons to terminate an employee, make sure to have documentation and good legal base for any termination. You have to know how to end the employment of your employees that gained negative points while working. You can fire your employee without documented reasons for this.
Once you got yourself a complaint strive to get a win-win statement.
Discrimination and the problem can occur on any of the characteristics or discrimination or harassment. Your staff must be trained to avoid or block and react as soon as they see that someone of your managers is making the mistake of violating the laws about discrimination of employees.
There are always reasons to terminate an employee, make sure to have documentation and good legal base for any termination. You have to know how to terminate the employment of your employees that gained negative points while working. You can fire your employee without documented reasons for this.
Once you got yourself a complaint strive to get a win-win settlement.
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