Discrimination FAQ
Q: Do the anti-discrimination laws protect only women and minorities?
A: No. The anti-discrimination laws protect all workers from employment decisions based on protected status. Thus, if an employer pays a female worker better wages than a male worker performing the same job, that employer has discriminated against the male worker based on his sex in violation of Title VII. Similarly, if an Asian-American worker who misses three days of work is suspended but a Caucasian worker who misses three days of work is fired, then the Caucasian worker has been discriminated against based on his race.
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Discrimination Based on Race Federal law forbids job discrimination because of race. Executive Order 11246 also requires that employers doing business with the federal government not discriminate because of race and take affirmative steps to hire and promote racial minorities. Most states and many local governments have laws prohibiting racial discrimination in employment. These laws protect all races, including African-Americans, Hispanics, Asians, Native Americans, and Caucasians. |
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Q: How do I know if an action is discriminatory in violation of the law?
A: First, not all discriminatory actions are forbidden by law. The law only prohibits discrimination when it is based on a person's protected status--race, color, religion, national origin, sex, age or disability under federal law.
Thus, if an employer makes a decision because of an employee's race, that employer has engaged in prohibited discrimination. Paying a worker lower wages than other employees because that worker is an African-American black violates Title VII. But paying a worker lower wages than other employees because that worker is performing different kinds of job duties does not violate Title VII. The question is whether the reason for the difference in treatment is based on the employee's protected status. Different treatment based on protected status is called intentional discrimination or disparate treatment.
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Family Legal Guide
Copyright © 2000, 2002 American Bar Association
