Employment Discrimination

Unlawful employment discrimination refers primarily to putting someone at an unfair disadvantage in an employment or workplace situation; based on race, color, religion, sex, national origin, age, or disability. Executive orders issued in 1998 and 2000 also forbid discrimination of federal employees based on sexual orientation or "status as a parent". Discrimination based on political or marital status are also no-nos in the federal government.

It is illegal to discriminate in any aspect of employment, including:

• Hiring and firing
• Compensation, assignment, or classification of employees
• Transfer, promotion, layoff, or recall
• Job advertisements
• Recruitment
• Testing
• Use of company facilities
• Training and apprenticeship programs
• Fringe benefits
• Pay, retirement plans, and disability leave or
• Other terms and conditions of employment

Other discriminatory practices specifically forbidden under the law include:

• Harassment on the basis of race, color, religion, sex, national origin, age, or disability
• Employment decisions based on stereotypes or assumptions about the abilities, etc., of individuals of a certain race, color, religion, sex, national origin, age; or with a certain disability
• Denying employment opportunities based on marriage to or association with an individual of a particular race, religion, national origin or with a certain disability.
• Discrimination because of participation in activities in schools or places of worship associated with a particular racial, ethnic or religious group.

Interpretations of EEO laws and regulations require the courts and regulatory agencies to consider the following questions when determining if illegal discrimination has occurred:

• Was there disparate treatment? (Treating some individuals less favorably than other "similarly situated" individuals because of race, color religion, sex, age, etc.). Sexual harassment that creates a hostile environment for a particular employee is an example of disparate treatment.
• Was any group/class of people adversely impacted? (When an employment policy or practice negatively impacts a particular class of employee or applicant). The practice of promoting only employees of a certain race or sex would adversely impact those who aren't of that class.
• Did the agency fail to provide a reasonable accommodation? (An accommodation that allows a qualified person with a disability to perform the essential functions of a job, apply for a job, or enjoy the privileges of employment; without causing the employer undue hardship). If an agency knew an employee required leave for weekly medical treatments, and failed to accommodate that need, even though it did not create a hardship for the agency, a case of discrimination may be established.
• Was there any reprisal or retaliation? For example, if an employee had filed a discrimination charge, and suddenly a promotion for which she was a shoe-in, the timeframe infers reprisal. Denial of training opportunities or "dead end" assignments can also suggest reprisal.

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