Discrimination

Congress and most states have passed laws that require equal employment opportunity (EEO) by prohibiting discrimination. Most of the federal discrimination laws apply to companies with 15 or more employees. The age discrimination law applies to companies of 20 or more employees. Both apply to U.S. citizens working abroad for U.S. owned or controlled companies. Make sure your managers know what is discrimination, and are trained to handle it.

For disability, pregnancy and family medical leave discrimination, see our disability law section. For harassment (on any basis), see harassment.

Below you will find our answered Ask the Lawyers questions and eNews articles grouped under FAQ categories.

What is Discrimination In The Workplace FAQs

• What are the rights of members of Armed Forces?
• What are the rights of LGBT people in the workplace?
• When is it age discrimination?
• What is sex discrimination?
• When is it race or national origin discrimination?
• When is it religious discrimination?
• When is discrimination legal?
• What procedures prevent discrimination?
• What are the California harassment compliance training regulations?

Stop Costly Lawsuits

The US Supreme Court says that training and procedures protect employers from punitive damages for discrimination.

• Managing Within the Law
• Harassment Compliance Training

FAQs

What are the rights of members of Armed Forces?

• What are rights of military spouses?
• Courts Focus on Veterans’ Reinstatement Rights
• My co-workers are trying to make me angry. Is this harassment?

What are the rights of LGBT people in the workplace?

• My manager outed me as transgender at a meeting, what recourse do I have?
• SCOTUS Upholds LGBT Rights
• Can my supervisor tell others that I am transgender?
• Manager Who Promotes, Then Fires, Minority Person May Be Guilty of Bias
• New Gay Rights Laws
• Transgender Bathroom Access: A Civil Right

When is it age discrimination?

• Eli Lilly Pays Twice in Settlements For Favoring Younger Employees Over Older Ones
• Happy 50^th Birthday, Age Discrimination in Employment Act!
• How are early retirement and severance handled?
• Can my employer require me to post a photograph of myself on the staff directory?
• Worker Replaced By Software Cannot Claim Age Discrimination
• Can they make me retire?
• Can you be too old to claim age discrimination?

What is sex discrimination?

• Don’t Refuse to Hire Her Because You Assume She Can’t Lift Heavy Weight
• Employee Wins Discrimination Lawsuit Due to Manager’s Implicit Bias
• Is this sex discrimination?

When is it race or national origin discrimination?

• One Racial Slur By Co-Worker Can Create Hostile Environment
• Be Aware of Your Own Stereotypes About Asians
• “Reprehensible” Employer Fired Its Only Black Employee To Solve A Racial Problem
• Can my manager tell me how to wear my hair?
• Email = Evidence That Proves Race Discrimination
• Black man can’t get a raise for three years. What can I do?
• How do I respond to a racist statement?

When is it religious discrimination?

• New Focus on Accommodating Religion at Work
• Can I be fired for asking my employer to stop using profanity in my presence?
• Can an interviewer ask me about my religion?
• Religious Accommodation: Eating Ice Cream?
• U.S. Supreme Court Recognizes Religious Exception to Discrimination Laws

When is discrimination legal?

• Can potential employers require photographs of job applicants?
• Can a supervisor dictate a specific work schedule for one employee in the group and not the others?

What procedures prevent discrimination?

• Supreme Court to Decide Burden of Proof for “Reverse Discrimination” Claimants
• AI, Algorithms, and Employment Law
• Can an employer require a photograph of a job applicant?
• The Google Memo, Charlottesville, and Managers’ Responsibilities
• What are privacy rights in discrimination litigation?
• 2011: Another Record Year for Discrimination Complaints