Rothman Gordon: Job Discrimination Complaints: Part I

Job Discrimination Complaints: Part I

The Equal Employment Opportunity Commission released the 2002 figures on federal job discrimination complaints filed against private employers by workers and it was not a surprise to see a jump of nearly four percent from the previous year to 84,442.

The EEOC enforces, among others, Title VII of the Civil Rights Act of 1964 (Title VII), The Equal Pay Act of 1963 (EPA), The Age Discrimination in Employment Act of 1967 (ADEA), and Titles I and V of the Americans with Disabilities Act of 1990 (ADA).

While allegations of discrimination due to race continued to lead the list (35%), and gender discrimination came in second with 30% of the claims, Cari M. Dominguez, Chairwoman of the EEOC, also cited large increases in religious complaints — up 21%, age complaints which jumped 14.5% and national origin complaints which evidenced an increase of 13%.

Because of double digit increases, in this article we will reiterate the laws governing protections which must be afforded workers with regards religion, national origin and age.

Complaints of discrimination (religion, ethnicity, national origin) escalated following the attacks of September 11 causing the EEOC, the Justice Department and the Labor Department to issue a joint statement reaffirming laws meant to prevent these forms of discrimination.

Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin.

Harassment or other discrimination is prohibited because of affiliation with a particular religious or ethnic group. This extends to forbidding lesser pay because of any such affiliation.
Discrimination is also barred by Title VII based on ones physical or cultural traits and clothing including an accent or dress associated with a particular religion, ethnicity or country or origin. A woman wearing a headpiece, with an accent and dark skin may not be discriminated against when it comes to hiring or in her working environment.
Perception or belief a person is a member of a particular racial, national origin or religious group, whether or not the perception is correct is also called out in Title VII as a means of discrimination or harassment, i.e. he looks Hispanic or you think he's a Muslim.
And association — harassing an employee because her husband is from a particular county or refusing to promote someone who attends a synagogue or mosque.

So stereotypes and assumptions of a person are not permitted under the act. The law also requires reasonable accommodation for the religious beliefs of an employee or prospective employee unless doing so would impose undue hardship. This includes flexibility in scheduling so they may attend religious services and some flexibility in a dress code that would violate the religious beliefs of the employee.

The Age Discrimination in Employment Act of 1967 protects individuals who are 40 years of age or older, as both a job applicant and an employee. Employers may not discharge, refuse to hire, or otherwise discriminate on the basis of age under the ADEA. Violations of this act can include, but are not limited to, not hiring a person because a "younger-looking person" was wanted for the job; or being fired or laid off because a younger person with less experience can be paid less money. Increases in claims are expected in this category for the next several years as still able boomers face age discrimination.