Workplace Discrimination and the EEOC

Workplace Discrimination and the EEOC

May 1, 2023

Whether you are looking for your first job, or you have just landed one, your employer has a responsibility to ensure you are treated fairly. However, it is also important for you to know how to recognize discrimination, as you don't want to let yourself be taken advantage of.

What is the EEOC?

The Equal Employment Opportunity Commission (EEOC) enforces workplace laws that protect against discrimination. It also investigates claims and charges of discrimination. If you feel you are being discriminated against at your job, don't hesitate to file a complaint with the EEOC.

What is Discrimination?

You may ask, what exactly counts as discrimination? In simple terms, it means treating an employee unfavorably because of their membership in a protected class (see below). According to the EEOC, all aspects of the job are protected including:1

  • Hiring and firing.
  • Pay.
  • Job assignments.
  • Promotions.
  • Layoffs.
  • Training.
  • Benefits.
  • Discipline.
  • Any other term or condition of the job.

Protected Classes

A protected class is a group of people sharing certain characteristics that are protected under the EEOC. Employers can't discriminate based on an applicant's membership in a protected class.

Here is a list of all the classes protected by the EEOC:

Race

Employers can't discriminate against you because of your race or skin color, physical characteristics associated with a race (such as hair texture or facial features), or because you're married or associated with a person of a certain race.1

Religion

Employers can't discriminate against you because of your religious beliefs or your spouse's religious beliefs. This includes organized religions such as Christianity, Judaism, Islam, Buddhism, and Hinduism. It also includes beliefs that aren't part of a major organized system but are still considered religious.1

Sex/Gender

Employers can't discriminate against you because of your sex or gender. Pregnancy, gender identity, and sexual orientation are also covered under this law.1 This ties in with the Equal Pay Act, which states that men and women must be paid equally for the same work. In this case, the jobs must either be the same or have similar content. The Equal Pay act covers all forms of pay, not just standard salary or wages.2

National Origin

Employers can't discriminate against you because you're from a certain country or part of the world. This includes if you're married or associated with such a person. Additionally, this law covers accent, ethnicity, and appearing to be from a certain country or part of the world.1

It doesn't matter if you and the person doing the discrimination have the same national origin or not. Either way, it still counts as discrimination and you can still file a complaint.1

Age

This point is a bit more complex than the others. Age discrimination legally only includes workers 40 or older. This means that instances of hiring decisions where age plays a factor are only illegal if the victim is at least 40 years old. Younger workers aren't protected under federal law, but some states have laws that protect them.1

However, age-based harassment is always illegal, no matter how young or old a worker is. Harassment is behavior that creates a hostile work environment. If a negative action like firing or a demotion is considered part of the harassment or results from it, it's illegal under the EEOC.

A few examples of age-based harassment include inappropriate jokes, illustrations, gestures, and "other verbal and physical conduct" related to an individual's age.3 Read more about workplace harassment at the Department of Labor website.1

Disability

Employers can't discriminate against you because you have a disability covered under the Americans with Disabilities Act. This
also counts if you have a history of disability; a good example is non-active
cancer. The law covers both people who are believed to have a disability and
people with relationships or associations to people with disabilities.1

Genetic Information

This is one of the newest additions to the EEOC. It's a bit more vague and abstract than the other ones. However, it covers a wide range of factors. To clarify, genetic information includes:

  • Information relating to genetic tests, genetic tests of family members, or results of those tests.
  • Family medical history. For example, if a condition or disease "runs in the family."
  • Genetic information of a child carried by a person or their family members. For example, this can overlap with pregnancy.

Also, you cannot be discriminated against for using genetic services or participating in research that includes them. The same applies if your family members do the same.

One Day Rest in Seven Act (ODRISA) Requirements

Employees and employers should be aware of the updates for the One Day Rest in Seven Act (ODRISA) that takes effect January 1st, 2023. This act "gives workers the right to a day of rest every workweek and breaks for meals or rest during daily work shifts". Changes to ODRISA under Public Act 102-0828 and Public Act 102-1012 taking effect on January 1st include: 

  • New meal and rest break requirements: Requires employees be given a 20-minute break if working a 12-hour shift or longer, and at least 24 consecutive hours of rest in every consecutive 7-day period, clarifying the day of rest requirements for workers whose schedules don't align with a Sunday to Saturday calendar week. 
  • Notice posting requirements: All employers covered by ODRISA must post a notice at the workplace notifying employees of their rights under the Act. IDOL will provide this notice on its website for employers to download and post. 

Employers can learn more with the Illinois Department of Labor's (IDOL) press release, this one page handout with the amendments to ODRISA, and the Required Posters & Disclosures that are required for all Illinois employers.

Sources

1 https://www.eeoc.gov/laws-guidance-0

2 https://www.eeoc.gov/equal-paycompensation-discrimination

3 https://www.eeoc.gov/youth/age-discrimination-faqs

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