Workplace discrimination manifests in a variety of ways, some of which are explicit while others are not. Employers engage in discrimination when they determine training, compensation, hiring, termination, promotions, demotions, or other employment-related terms and conditions based on factors other than merit. To learn more, click here.
Discrimination based on sex
Sex discrimination occurs when an employer exhibits bias or prejudice against an employee based on that person’s gender, sexual orientation, or sex. Sex discrimination encompasses practices such as gender-based employment and promotion practices, unequal compensation, and sexual harassment. Sexual intimidation can occur between two males or two females, not just one male and one female. Sexually explicit physical or verbal contact, persistently objectionable behavior concerning one’s sex, or other forms of sex and gender-based discrimination can constitute sex discrimination.
Discrimination based on race
The Texas Labor Code and Title VII of the Civil Rights Act prohibit racial discrimination. Race and national origin discrimination occur when an employer makes hiring, education, compensation, and other workplace determinations in consideration of an individual’s ancestry, pigmentation, hair texture or style, or skin color.
Discrimination based on pregnancy
Pregnancy-related discrimination may manifest when an employer prefers to engage an individual with lower qualifications over a pregnant candidate. Additional manifestations of pregnancy discrimination encompass the denial of the same rights granted to expectant, miscarried, or laboring women as disabled employees (e.g., medical leave, job security, and the like).
Discrimination based on age
Age discrimination occurs when an employer unfairly treats an employee based on being at least 40 years old. This is prohibited by the Age Discrimination in Employment Act, and those found culpable of violating this provision may be held liable in court for lost wages and other damages, including the potential promotion earnings that the individual would have obtained had the age discrimination not been present.
Discrimination based on disability
Disability discrimination refers to any type of workplace bias or prejudice that is predicated on the current or previous disabilities of an individual. It is impermissible for an employer to render an application to inquire about an applicant’s disability or terminate or demotion a worker based on that person’s disability alone. Disability-related hiring denials are permissible as long as the candidate can fulfill the job responsibilities, even with or without the need for reasonable accommodations.
Discrimination based on religion
An employer demonstrating religious discrimination may take into account the faith of an employee when making decisions such as employing or terminating. People can also be harassed at work because of their religion by their boss or other workers. It is a legal violation for employers to neglect to provide for their employees’ religious requirements adequately. For instance, if an employer terminates an employee for absenteeism due to a religious holiday, the employer could be held accountable in court for additional damages, including lost wages.