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Workplace Discrimination

Discrimination is broadly defined as distinguishing or differentiating in favor of or against one person or thing as compared to others. To discriminate socially, a person makes a distinction between people based on class or category with no regard for individual merit. Race, gender, age, national origin, religion, disability, sexual orientation, height and weight are examples of social discrimination categories.

In the U.S., many forms of discrimination were common in the workplace before the mid-20th century. A movement to enact laws against discrimination began in the 1960s with the Equal Pay Act of 1963, followed by the landmark Civil Rights Act of 1964. Soon, more legislation was passed in an attempt to eliminate almost all forms of discrimination in private and government employment practices.

Discrimination can occur in advertising, recruiting, testing, hiring and firing; in terms and conditions of employment; and in compensation and benefits. Discrimination also can arise in deciding who is considered and selected for transfers and promotion and who is laid off during workforce reductions.

The major federal laws prohibiting discrimination related to employment are:

• Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin;
• Equal Pay Act of 1963, which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
• Age Discrimination in Employment Act of 1967, which protects individuals 40 years of age and older;
• Title I and Title V of the Americans with Disabilities Act of 1990, which prohibit employment discrimination against qualified individuals with disabilities in the private sector and in state and local governments;
• Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
• The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination;
• The Civil Service Reform Act of 1978, which prohibits certain personnel practices in an effort to promote fairness in federal personnel actions.

Enforcement of these laws falls to the Equal Employment Opportunity Commission. The EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices and policies. A person who was wrongly discriminated against in a job would file a charge with the EEOC and state agency responsible for investigating discrimination claims.

Last updated: Sept. 30, 2008