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Employment Discrimination – Your Rights And The Law

Every individual has the right to employment and earn an income. This right is protected by various employment laws and anyone who stops an individual from practicing it can be accountable to the law. According to the website of Cary Kane, LLP, it is illegal for employers to discriminate prospective or current employees because of their race, color, gender, nationality, religion, or ethnic identity. Employment discrimination is prohibited under Title VII of the Civil Rights Act of 1964.

Employment discrimination happens when an employer treats workers differently based on certain attributes which are not related to their job performance. In the government, employment discrimination is a violation of an individual’s right to equal protection an d due process. In the private sector, employment discrimination is prohibited by Title VII of the Civil Rights Act of 1964.

Under the law, employers are not allowed to discriminate employees or job applicants in any aspect such as hiring and firing, compensation, assignment, or employee classification. Discrimination in transfer, promotion, layoff, or recall is also prohibited. Under the law, harassment becomes unlawful based on the following conditions: 1) when enduring the offensive conduct has become a condition for continued employment; 2) severe or pervasive conduct that has resulted to a hostile, intimidating, or abusive environment for the individual.

An employee who is a victim of employment discrimination can make their employer liable by filing an employment discrimination claim against their employer. These cases are handled by the Equal Employment Opportunity Commission or EEOC. The claim can be filed with the EEOC within 180 days. If the case was filed in a state that has enacted laws dealing with a similar issue, the deadline is extended t0 300 days. Regardless, prompt filing is necessary to make the employer liable.

Initially, if the EEOC deems that there is discrimination. It will work with both the employee and the employer to attempt a settlement. If the attempt is unsuccessful, the EEOC will file a case or issue a “right to sue” letter allowing the employee to file a case. Even if the investigation of the EEOC led to a conclusion that no discrimination occured, it will still issue a right to sue letter.

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