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Implicit Bias and Disparate Impact Claims: A Primer for Employers (US) lexology.com/r.ashx?l=8LZHH…
Have a Legal Question?
It may be difficult for a worker to determine whether discrimination is present in the workplace. He or she may be told, “You weren’t a good fit for a job,” or “You don’t fit our culture.” Employer explanations in such cases are designed to confuse the worker, or cause him or her to believe the fault of not “fitting in” is theirs. In such situations, the worker may benefit from consultation with an experienced employment lawyers to learn more about employment discrimination or wrongful termination remedies.
Employment discrimination and discrimination in the workplace are prohibited by U.S. laws. Discrimination may be present but more subtle today than in years past. Discrimination is present when the employer or institution arrives at decisions about workers based upon religion, sex, disability status, national origin, age, race or color. It is illegal to discriminate against workers in the United States according to the Federal Equal Employment Opportunity Commission (EEOC).
There are two basic types of discrimination in the workplace:
Direct discrimination is easy to identify, such as when a business determines a worker’s job or pay based on his or her age, sex, religion, or race instead of merit and ability. When an employer or organization directly discriminates against an individual in this way, it is difficult for them to legally support these actions.
In comparison, indirect discrimination is more difficult to identify because it involves less obvious behavior. For instance, a company’s regulations, practices, and policies do not appear to favor a group over another when an attorney examines the employee manual. In practice, however, the business may indeed discriminate against certain individuals.
For instance, some people working at the company may be less able to meet requirements or comply with the company’s “best practices.” A working mother or a man taking care of a disabled son may not be able to adhere to the company’s full-time week mandate of forty hours every week of the year. The employer may discourage taking the lunch hour out of the office even if the employee must clock out for lunch. An employee with a serious medical condition may need time off for tests or treatment and may be prevented from working a full day or week.
Stand Up to Discrimination
Job discrimination includes practices and actions of a business or organization or its agents and representatives that include the unfair or illegal treatment of workers, candidates for promotion, prospective employees, or present employees. All workers in the United States are protected from discrimination for age, race, pregnancy, or gender factors. If you believe you’ve been discriminated against, contact us today.