Age, Gender, and Disability Discrimination in the Workplace

There are many different types of discrimination that can occur in the workplace. Age, gender, and disability discrimination are just a few of those types. They have some similarities but carry with them some distinct differences, as well. Below is a description of the type of discrimination, as well as an explanation as to what you can do about it if you are experiencing discrimination in the workplace.

Age Discrimination

Two broad umbrellas of law protect against age discrimination. The first is the federal Age Discrimination in Employment Act, which prohibits firing employees or forcing their retirement due to age alone. The ADEA applies to employers with at least 20 employees. The second is California’s Fair Employment and Housing Act, which also prohibits discrimination against employees based on age. California’s law is more far-reaching than its federal counterpart and applies to employers with at least five employees. If you have been discriminated against based on your age, you should speak to an experienced employment attorney in California for help. Before suing for discrimination, you first must file a charge of discrimination with the federal Equal Employment Opportunity Commission or the state’s Department of Fair Employment and Housing.

Gender Discrimination

It is against the law for an employer to discriminate against a person based on sex or gender. It is also against the law for an employer to pay employees of the opposite sex different wages for equal work. Employees who are discriminated against based on gender can file a lawsuit against their employer for damages. Gender discrimination can take several forms — a refusal to hire you, a demotion, a failure to promote you, paying you less than employees of a different gender, etc. Be careful: It is not necessarily gender discrimination for an employer to ask prospective employees whether they are male or female or for his or her height or weight, as long as they generally apply to all job applicants and the information is for some legitimate purpose. If you believe you have been the victim of gender discrimination, you can file a complaint with the Department of Fair Employment and Housing in California or consult with an experienced California attorney.

Disability Discrimination

It is against the law for an employer to discriminate against a person based on his or her physical or mental disability. Employers are required to provide a reasonable accommodation to disabled employees, unless doing so would result in undue hardship. In most cases, California employers cannot discriminate against an applicant because of his or her physical or mental disability. Workers are protected both by the Americans with Disabilities Act and under the California Fair Employment and Housing Act. Even individuals without disabilities are protected to some extent by these laws because discrimination based on a perceived disability is not allowed. If you believe you have been the victim of disability discrimination in the workplace, you can get in touch with the California Department of Fair Employment and Housing or consult an experienced California attorney.

In any case, if you believe you have been discriminated against, you have rights. Protect your rights and interests by seeking the support of a qualified attorney with experience in discrimination cases.