Key Legal Aspects of Anti-Discriminatory Legislation and Practice

Whether serious misconduct or a minor offence, discrimination in the workplace is illegal and must be avoided at all costs. Since some cases of discrimination in the workplace can be somewhat unclear to employees, it is important that you train them on what constitutes acceptable behaviour and what is not. The Anti-Discrimination Act or the Anti-Discrimination Act refers to legislation aimed at preventing discrimination against certain categories of persons; These groups are often referred to as protected groups or protected classes. [1] Anti-discrimination laws differ according to case law with respect to the types of discrimination prohibited and the groups protected by that legislation. [2] [3] In general, these types of laws aim to prevent discrimination in employment, housing, education and other areas of social life, such as public places. Anti-discrimination law may include the protection of groups based on sex, age, race, ethnic origin, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, gender characteristics, religion, beliefs or individual political opinions. If an employee is discriminated against in the workplace, the employer may face various consequences depending on the severity of the transgression and the prevailing state. For example, Thu Do, a partner at Gilson Daub, said harassment, discrimination or retaliation in the workplace can cause physical and/or mental injury to an employee, resulting in legal action against the employer. Harassment in the workplace because of these protected classes is also prohibited by federal and state law. These safeguards prohibit harassment if it is so severe or pervasive that it creates a hostile work environment.

According to the EEOC, «While the law does not prohibit mere teasing, casual comments, or isolated incidents that are not very serious, harassment is illegal if it is so frequent or severe that it creates a hostile or offensive work environment, or if it results in an adverse employment decision (e.g., if the victim is terminated or demoted).» People who are harassed in the workplace because of these protected classes may be able to take legal action at the state level. If they are unable to do so due to their state`s regulatory structure, they may be able to file a complaint against the EEOC. It is illegal for an employer to discriminate against an applicant on the basis of race, color, religion, sex (including gender identity, sexual orientation and pregnancy), national origin, age (40 years or older), disability or genetic information. For example, an employer cannot refuse to give requests to people of a certain race. Other laws, enforced by both the Office of Special Advocates (OSC) and the Merit Systems Protection Board (MSPB), protect federal employees from certain prohibited staffing practices. Pursuant to 5 U.S.C. § 2302(b), any employee authorized to take personal action, instruct, take, recommend, or authorize others may not: In many countries with anti-discrimination laws, women are excluded from certain positions in the military, such as serving on the front lines or aboard submarines. It is illegal to discriminate against an employee, intentionally or by different effects, on the basis of race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age (40 years or older), disability or genetic information.