RACE, COLOR, SEX (PREGNANCY), NATIONAL ORIGIN, & RELIGION
Employers are prohibited from using protected categories as a basis for taking adverse employment actions (such as refusal to hire, suspension, demotion and termination) against employees or applicants. For instance, employers are prohibited from treating employees or potential employees differently or adversely due to their being white or black or Hispanic, including several other scenarios.
Most states have enacted legislation to delineate the protected classes; while on the federal sphere, the Equal Employment Opportunity Commission (“EEOC”) is the primary enforcing agency and protected classes include:
- Race, color, religion, sex and national origin, pursuant to Title VII of the Civil Rights Act of 1964.
- Race is also a protected class pursuant to 42 U.S.C. 1981 (Section 1981)
- Pregnancy and breastfeeding under the Pregnancy Discrimination Act (PDA)
Read more information on this topic in our Employment Law Blog, subjects include:
The Law Office of Sheri Oluyemi, LLC has assisted numerous clients with discrimination and harassment claims; it’s what we do. You can read client testimonials here.
Each case is unique; consult with Attorney Oluyemi regarding your unique circumstances.
AGE
Discrimination on the basis of age is prohibited by Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, et seq.:
It shall be unlawful for an employer-
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age;
(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s age; or
(3) to reduce the wage rate of any employee in order to comply with this chapter.
The Age Discrimination in Employment Act prohibits discrimination with respect to an employee’s terms, conditions, or privileges of employment on the basis of his age. The ADEA’s “protected category” includes those over 40 years of age. The ADEA provides for damages, including back pay, liquidated damages, and all of the plaintiff employee’s attorney fees.
Read more here.
DISABILITY
The Americans with Disabilities Act (“ADA”) prohibits employers from discriminating against “a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”
Discrimination under the ADA includes an employer’s failure to make “reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee . . . .”. Further, “[a]n employer may not retaliate against an employee for opposing any employment practice made unlawful by the ADA.”
Contact us for a free consultation if you are an employer attempting to become compliant with the ADA or if you are an employee seeking a reasonable accommodation.
WHISTLEBLOWER
Georgia is an “at-will” state. This means that employers may terminate an indefinite term employment or contractor relationship for any reason that is not otherwise prohibited by law, or for no reason whatsoever. Essentially, the courts will not second-guess a legitimate business decision in workforce management but will intervene when such a decision is retaliatory.
Retaliation for enforcing one’s rights by opposing discrimination or harassment, or by taking act to prevent the violation of certain federal and state laws, or whistleblowing about the employer’s violations of certain laws. Some of the laws which offer protection to the whistleblower are:
- Occupational Safety and Health Act (OSH Act),
- Sarbanes-Oxley (SOX),
- Dodd Frank Consumer Protection Act (Dodd Frank), and
- the False Claims Act (FCA), among others.