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Laws and cases that speak against racial discrimination in the workplace!

Employment lawyer Boston

By James CorbyPublished 3 years ago 3 min read
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As you know, employers are prohibited from discriminating against prospective employees for whatever the reason. It could be based on race, skin-tone, religious creed, national origin, ancestry, sex, gender identity, age, criminal record, handicap (disability), mental illness, retaliation, sexual harassment, sexual orientation, active military personnel, or genetics. Workplace discrimination is not just in experienced in Massachusetts, but all over the world.

Despite the law, one such case in Boston was highlighted. Research conducted by Field Experiment on Labor Market Discrimination found that applicants with white-sounding names received 50% more callbacks for interviews regardless of occupation or industry.

It's clear that racial discrimination is much more than bullying that’s seen in high school. Workplace discrimination is more like mental harassment for something you have no control over. For example, a simple preference just because of skin-tone or better pay just because of gender for the same work amounts to employment discrimination. For this reason, one needs an excellent employment discrimination lawyer in Boston. A lawyer that can help to resolve all legal disputes between the employer and the employee to ensure that all legal rights are protected.

Let's read about some laws that prohibit discrimination in the workplace.

The Pregnancy Discrimination Act of 1978:

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on pregnancy. The Act says that the employer, in no form, is allowed to discriminate based on pregnancy, childbirth, or related medical conditions. A pregnant employee has the right to be treated the same for all employment-related purposes, including receiving benefits under fringe benefit programs.

Age Discrimination in Employment Act 1967:

SEC. 623 considers it unlawful if the employer refuses to hire, discharges, or discriminates against an employee concerning their compensation, terms, conditions, or privileges of employment because of their age. In any way, the employer cannot deprive an individual of employ­ment opportunities in a way that otherwise adversely affects their status as an employee or as an applicant for employment, based solely on age.

Equal Opportunity for Individuals with Disabilities Act 1990:

Title 42 U.S. Code § 12101 states that in no way can an employer discriminate against a person's right to fully participate in all aspects of society based on his physical or mental disabilities. Employees with special conditions are entitled to receive equality of opportunity, full participation, independent living, and economic self-sufficiency.

Title VII of the Civil Rights Act of 1964:

As per Section 2000e-2, it is unlawful for an employer to discriminate against any individual based on their race, skin-tone, religion, sex, or national origin. They cannot deprive employees of their rights concerning their compensation, terms, conditions, or privileges of employment.

Such discrimination not only affects the employee's productivity but also ruins their mental subtleness. Moreover, the discrimination leads to degraded work, creativity, and innovation.

Examples of Favoritism or Partial Preferential Treatment:

  1. If a fifty-year-old employee with years of experience is replaced with someone new, either because of less pay or any other reason not related to their quality of work, then this affects the organization in the long run. Instead of valuing the employee as a company's asset, the company seeks short-term benefits and bluntly replaces them.
  2. Showing favor to an employee just because they possess a genetically preferred trait that pleases the employee is insulting to other employees. It's not necessary if the discrimination is outspoken; special attention, better clientele, or access to travel and leave can also amount to favoritism.
  3. Employees discriminated against for fair pay, bonuses, or any other additional perks based on their gender can not only degrade the employee's self-confidence but also create outrage in the whole community.

An effective workplace harassment lawyer can provide a legal means to obtain money damages when an employee has been discriminated against. The legal remedies may include obtaining a return to the job, monetary damages for lost wages and emotional distress, or other actions against the employer. In fact, it's never too late to take action against any injustice; you never deserve to suffer.

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