by Timothy Garret
People are inherently social and mental beings, and as such are very much capable of having thoughts about a lot of things, even among themselves. As such, it's not a very surprising thing to consider that people have impressions towards the other people they meet. Unfortunately, these impressions can sometimes be carried over to other parts of life where impressions matter, such as employment. While judging the character of a person and their potential performance is essential in employment, sometimes you may encounter situations where instead of employers being objective, they might actually be discriminating you. There are things you could do if you've been discriminated against when looking for employment.
Do remember however that the following tips aren't the only options you have, and it's best to have these options looked over by a lawyer or a legal professional in order to have a good idea about what to do should you experience discrimination while looking for work.
According to the Balance, there are actually laws that revolve around avoiding discrimination in the workplace. In its purest form, these laws aim to create a workplace that is not only appropriate for everyone, but to also make sure it's something that could help create equal opportunities for everyone. Employment laws regarding discrimination make it clear that it is illegal to discriminate upon an employee.
This means companies cannot discriminate against people on a legal level in terms of things such as disability, pregnancy, gender, and race. However, the application of these laws actually varies from company to company, and business to business. Regardless, it's essential that managers and employers make sure these rules are followed all of the time.
In fact, there are certain federal laws that people must follow, while local and state laws also exist that are against discrimination. This means that just because there is something that isn't cited anywhere it doesn’t necessarily mean that it's not covered, as some federal laws on certain kinds of discrimination don’t exist, but they are present in state laws.
Laws Affecting Employers
Discrimination in the workplace is tackled using different kinds of laws. There are certain Federal Laws that protect both employees and future employees. Of course, this article cannot enumerate every single law on the list. However, there are laws that can definitely affect certain locations. You can search these laws and ask an employment lawyer to explain the full extent of these laws to you.
● The 1963 Equity Pay Act protects women and men from being discriminated upon based on their sex, especially when it comes to performing equal kinds of work.
● The Civil Rights Act of 1964 has something called Title VII, which protects people of different national origin, sex, religion, color, and race from being discriminated in employment.
● If you're over 40, the Age Discrimination in Employment Act of 1967 can actually protect you from being discriminated against based on age. If you're retiring, the Older Worker's Benefit Protection Act of 1990 can protect your benefits such as pension and retirement.
● The Rehabilitation Act of 1973 actually doesn't allow discrimination of qualified people with disabilities that work inside the federal government. Meanwhile, the Americans with Disabilities Act of 1990 has Titles I and V that protects qualified individuals with disabilities from being discriminated upon by an employer with more than 15 staff.
● The Genetic Information Nondiscrimination Act of 2008 makes it illegal for employers to discriminate against applicants, former employees, and employees based on genetic information.
● The Pregnancy Discrimination Act prevents employers from discriminating against a woman just because she is pregnant or has just given birth.
What to Do: Seek Help, Documentation
If you find yourself on the receiving end of discrimination, you may remember some of these laws above and request for assistance from a professional legal consultant. In the meantime, you may also consider these:
● The Civil Rights Act of 1991 actually provides monetary damages, especially if an employer has intentionally discriminated against an employee upon employment. With the Fair Pay Act of 2009, the 180 days statute of limitations to file a pay discrimination suit will start over with each paycheck that appears to be discriminatory.
● If you feel as though you're discriminated against when looking for a job, try to ask if there's some way you could speak to a human resources agent or check policies against discrimination. This can be a good way for you to determine as to whether or not there are measures in place that would allow you to be protected from being discriminated upon when going through the hiring process.
● If you are discriminated because of a disability you have gained due to an accident such as those involving vehicles, it may be a good idea to consult lawyers such as the ones found here in order to have a better understanding on the kind of action to take when discrimination has resulted from your accident, as this can be another factor to be taken into account in your potential case against the person responsible for the accident.
When you don't get considered for a position, there are admittedly a lot of factors to consider. Sometimes, these factors are explained to you by employers. However, if you feel as though you've been discriminated against when looking for employment, do remember that there are various options to consider. Carefully checking each one and finding out which one applies best to your situation can greatly help you in making the appropriate move. Discrimination appears in many types and varieties, which means knowing just exactly which ones to take note of can help you make the right move for your benefit.
Disclaimer: Please remember this article can’t be treated as any form of legal advice. It's advised you speak with a lawyer or a legal counsel in order to learn more about discrimination and how it can be applied to your situation.
Timothy Garret - Timothy is a budding law writer who enjoys all aspect of the law industry. He's currently studying to become a lawyer and is applying his law knowledge into what he writes about. He spends time with his friends and swimming in his spare time.