Types of Discrimination

Age discrimination

The Age Discrimination in Employment Act of 1967, as amended, protects individuals 40 years of age and older from age-based employment discrimination. It is unlawful to discriminate against a person because of their age for any term, condition, or privilege of employment.

Some examples of terms, conditions, or privilege of employment are:

• Hiring
• Firing
• Promotion
• Job assignments
• Training

Disability discrimination

The Americans with Disabilities Act (ADA) of 1990 was signed into law on July 26, 1990, by President George H. W. Bush. The ADA provides a wide range of civil rights protection for individuals with disabilities.

Titles I and V of the ADA prohibit employment discrimination against qualified individuals with disabilities. This includes those in private businesses and in state and local governments. This protection extends to individuals with both mental and physical impairments. It covers those who are otherwise qualified for employment, regardless of the limitations on major life activities.

The ADA prohibits discrimination in all employment practices, including:

• Job application procedures
• Hiring
• Firing
• Training
• Compensation
• Advancement
• Any other terms, conditions, or privileges of employment

The ADA does not require preferential treatment of individuals with disabilities. Employers are free to select the most qualified applicant for the position. However, the ADA does prohibit discrimination based solely on a candidate’s real or perceived disability.

The Americans with Disabilities Act Amendments Act (ADAAA) of 2008 is another one. It was signed on September 25, 2008. The Act emphasizes that the definition of disability should:

• Be construed in favor of broad coverage of individuals.
• Be to the maximum extent permitted by the terms of the ADA.
• Generally not require extensive analysis.

These changes make it easier for an individual seeking protection under the ADA to establish that they have a disability.

Sexual orientation

The Equal Employment Opportunity Commission (EEOC) interprets and enforces Title VlI’s prohibition of sex discrimination. This includes forbidding any employment discrimination based on gender identity or sexual orientation. Read more details about sexual orientation.

Parental Status

It is illegal to discriminate against an individual based on their parental status. On May 2, 2000, Executive Order 13152, amending Executive Order 11478, was signed. It prohibits discrimination based on an individual’s status as a parent in the Federal government.

Foster parents

Foster parents are covered too. Status as a parent is defined as an individual who, with respect to an individual who is under the age of 18 or who is 18 or older, but is incapable of self-care because of a physical or mental disability, is a:

• Biological parent
• Adoptive parent
• Foster parent
• Step-parent
• Custodian of a legal ward
• In loco parentis over an individual
• Actively seeking legal custody or adoption over such an individual

Marital status

The Civil Service Reform Act of 1978 (CSRA), as amended, prohibits employment discrimination in the Federal government based on:

• Marital status.
• Political affiliation.
• Conduct that does not adversely affect the employee's performance.

Please note, however, that these bases do not fall within the jurisdiction of EEO. The Office of Special Counsel and Merit Systems Protection Board enforce the prohibitions against federal employment discrimination contained in the CSRA. Visit their websites for more information.

Religious discrimination

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against individuals because of their religion in:

• Hiring.
• Firing.
• Other terms and conditions of employment.

The Act also requires employers to reasonably accommodate the religious practices of an employee or prospective employee. The exception is if doing so would create an undue hardship on the employer.

Undue hardship

An employer can claim undue hardship when an employee’s request for religious accommodation requires more than administrative costs. Undue hardship can also be demonstrated if changing a bona fide practice, such as seniority, to accommodate an employee’s religious practices. This could result in denying another employee an entitlement.

Reasonable accomodations

Examples of accomodating an employee's religious beliefs include:

• Flexible scheduling to attend religious observances.
• Voluntary substitutions or swaps.
• Job reassignments.
• Lateral transfers.

Religion is not limited to traditional denominations. Non-traditional religions are protected. Atheists are also protected because of their sincere lack of religious beliefs.

National origin

It is unlawful to discriminate by national origin against an employee because of the individual’s:

• Birthplace.
• Ancestry.
• Culture.
• Linguistic characteristics common to a specific ethnic group.

Accent and speaking manners

If taking or denying an employment action, an employer must show a legitimate, nondiscriminatory reason. This requirement includes when the decision is based on an individual’s accent or manner of speaking. Investigations will focus on the qualifications of the employee. They will also consider whether his or her accent or manner of speaking had a detrimental effect on job performance.

Harassment

An ethnic slur or other verbal or physical conduct because of an individual’s national origin constitute harassment if they:

• Create an intimidating, hostile or offensive working environment.
• Unreasonably interfere with work performance.
• Negatively affect an individual’s employment opportunities.

Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of national origin. It also includes race, color, religion, and sex.

Pregnancy

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Under this Act, discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex (pregnancy) discrimination.

Reasonable accomodations

An employee temporarily unable to work due to pregnancy must be treated like any other temporarily disabled employee by the agency.

Example: If an employee with a broken hand received accomodations, the same must be done for a pregnant employee.

Postpartum leave

An employer cannot have a rule that prevents an employee from returning to work for a set period after childbirth. For instance, an employer may not require an employee to return to work 4 weeks after childbirth.

Sexual harassment

What is sexual harassment?

Sexual harassment is unwanted and unwelcome advances of a sexual nature. It could be a touch, written note, joke, picture, etc. It can be intentional or unintentional.

Types of sexual harassment

There are two types of sexual harassment. The first type is Quid Pro Quo. This means that a person in a position of power offers to trade a tangible employment action, such as a promotion, for a sexual favor. Only someone who has the power to control the victim’s job destiny can commit this type of sexual harassment.

The second type is a hostile work environment. In this instance, the environment is created by obvious sexually oriented activity by employees and supervisors. Sexual harassment is rarely found as the result of a single incident or event. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.

Scenarios

Scenario 1: I have first-hand knowledge of a co-worker who is being harassed by his supervisor. He is afraid and embarrassed to come forward and report the harassment. Since I am in the immediate work area, can I report the harassment?

Yes. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

Scenario 2: A co-worker constantly tells lewd jokes in my presence. Her behavior is offensive, but I am afraid to speak up in fear of not being perceived as a team player. What should I do?

Inform the individual that her conduct is unwelcome and must stop. If her behavior continues, inform the supervisor or the OEEOWE.

Scenario 3: My supervisor often asks me to lunch, but I decline his offers. Is this a form of sexual harassment?

The conduct as described is not sufficient to constitute sexual harassment. It must be of a sexual nature.

Race, color, and sex

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), and national origin.

Race discrimination occurs when employees are treated differently due to unchangeable racial characteristics, like physical features associated with their race. For example, this Act prohibits discrimination against an Asian individual because of physical characteristics such as facial features or height.

Color discrimination occurs when persons are treated differently than others because of their skin pigmentation. Color discrimination can occur within the same ethnic group.

Sex discrimination occurs when men and women who are similarly situated are treated differently based on gender. It takes place when deliberate, repeated, or unsolicited verbal comments, gestures, or physical contacts of a sexual nature are unwelcome.

Sex discrimination also occurs when an organization’s policy has a disproportionate adverse impact on a person or group based on gender.

Reprisal or retaliation

Retaliation is defined as a discriminatory or adverse action made against a person who:

• Files a complaint or charge.
• Participates in an investigation or charge.
• Opposes an employment practice made illegal by any of the statutes.

Employees are protected from retaliation in the EEO process.

Examples

Some examples of reprisal for participating in EEO activity include:

• Denial of a promotion.
• Refusal to hire.
• Denial of job benefits.
• Demotion, suspension and discharge.

Other types of adverse actions include:

• Threats.
• Reprimands.
• Negative evaluations.
• Harassment.

Scenarios

Scenario 1: A female employee filed an EEO complaint of discrimination stating she was denied a promotion because of her gender. One week later, the supervisor invited a few employees out to lunch. The employee believed she was excluded because of her EEO complaint. Is this reprisal?

No. Even if the supervisor chose not to invite the employee because of her charge, this would not constitute unlawful retaliation. This is because it is not reasonably likely to deter protected activity.

Scenario 2: Same example as above, except that the employee’s supervisor invites all employees to regular weekly lunches. The supervisor excluded the employee from these lunches after she filed the sex discrimination charge.

If she was excluded because of her charge, this would constitute unlawful retaliation. It could reasonably deter this employee or others from engaging in protected activity.

Whistle Blowers

If you are a federal whistler-blower you are protected under the NoFEAR Act. Union activity is not a protected activity.

To read more about discrimination laws and regulations go to the EEOC webpage.