Under federal employment discrimination law, employers cannot discriminate against employees on the basis:

• race

• sex, gender identity, or sexual orientation

• pregnancy

• religion

• national origin

• physical or mental disability, including status

• age (for workers over 40)

• military service or affiliation

• bankruptcy or bad debts

• genetic information

• citizenship status (as a citizen, permanent residents, temporary residents, refugees, and asylees)

State laws often expand discrimination protections to include other classes and types of employers.

Notably, employers are generally allowed to consider seemingly discriminatory characteristics if they are bona fide occupational qualifications (BFOQs). The most common BFOQ is sex and the second most common is age, though BFOQs cannot be used for discrimination on the basis of race. For instance, the mandatory retirement age imposed on bus drivers and airline pilots is a BFOQ permitted in the interest of safety. Also consider in advertising, where a manufacturer bof men’s clothing may lawfully advertise to recruit male models. In accordance with the First Amendment, Title VII of the Civil Rights Act of 1964 is overridden in cases of artistic works where the race of a character is integral to the story or artistic purpose.

If you feel you have been discriminated against on the basis of the above traits, do not hesitate to contact the seasoned attorneys of Win Nguyen Law Firm and begin the process to earning your rightful compensation with professional guidance.

Even good-faith employment practices which don’t directly discriminate against members of a protected class may still be illegal if they produce a “disparate impact” on members of a protected group. Title VII of the Civil Rights Act of 1964 prohibits employment practices that have a discriminatory impact, unless they are related to job performance. For instance, height and weight requirements have been identified by the Equal Employment Opportunity Commission as having a disparate impact on national origin minorities.

Disparate Impact in US law refers to practices in employment, housing, and other areas that adversely affect one group of a protected class of people more than other classes, even though rules applied by employers or landlords are formally neutral and applied in good faith.

While often used interchangeably with “disparate impact” in colloquial usage, adverse impact is actually only one element of Title VII which measures the effect of an employment practice on a protected class. An adverse impact is defined as a “substantially different rate of selection in hiring, promotion, or other employment decision which works to the disadvantages of members of a race, sex, of ethnic group”.

Adverse impact does not mean that people in the majority group are given preference over members of a minority group. However, having adverse impact does indicate the potential for discrimination in the hiring process or other areas, which may warrant investigation.

Ultimately, unintentional discrimination often occurs where employers do not intend to discriminate and in fact, occur when identical standards or procedures are applied uniformly, even if they lead to large differences in employment outcomes for the members of a particular group. These protocols are also typically unrelated to successful job performance. Of note is that disparate impact itself is not illegal necessarily; it only becomes illegal when an employer cannot justify the employment practice causing the adverse impact as a “job related for the position in question and consistent with business necessity”, aka when the employer cannot effectively establish a “business necessity defense”.

Even if your employer has seemingly discriminated against you unintentionally, you may be entitled to a recompense if you have been adversely impacted by certain practices in your workplace. The specialized attorneys of Win Nguyen Law Firm can help you navigate the complexities of employment law and build the path to a successful case on your behalf.

The Equal Employment Opportunity Commission (EEOC) interprets and enforces the Equal Pay Act, Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, Title I and V of the Americans With Disabilities Act (ADA), Section 501 and 505 of the Rehabilitation Act, and the Civil Rights Act of 1991. The Commission was established by the Civil Rights Act of 1964.

Persons wishing to file suit under Title VII and/or the ADA typically must exhaust their administrative remedies by filing an administrative complaint with the EEOC prior to filing their lawsuit in court.

If you are unsure of the proper authorities to contact for concerns of employment discrimination, it is best to consult with a legal professional like the experienced lawyers of Win Nguyen Law Firm to begin investigating and developing a potential roadmap to financial recuperation from such discriminatory legal violations.