Employment Law Paper: Workplace Discrimination

Three protected classes of persons, procedural requirements to file a claim, recommendations to an employer.

Discrimination at the workplace is a severe issue because it implies that people are deprived of some rights or inadequately treated based on their ethnicity, religion, gender, sexual orientation, and others. American legislative bodies understand that the problem exists. That is why Title VII of the Federal Civil Rights Act of 1964 emerged to abolish discrimination at the workplace. This law protects numerous groups, including religious individuals, women, and sexual minorities, who should undertake a specific procedure to file a claim against their employers that, however, should follow best practices to avoid such issues.

Title VII of the Federal Civil Rights Act of 1964 is an essential legislation piece to combat unlawful employment practices. In particular, this law stipulates that employers’ practice is considered illegal when they refuse to hire or otherwise discriminate against individuals based on these peoples’ race, sex, religion, and others (US Equal Employment Opportunity Commission, n.d.b). That is why there are a few examples of how the legislation under consideration protects such individuals from inadequate treatment.

Firstly, if religion is a basis of discrimination against a person, they can file a claim against their employer. Such an example emerged in the Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. (2015) case, where a Muslim woman was not hired because she wore a headscarf. The employer stipulated that wearing any cap was a violation of the company’s internal policy. However, the Supreme Court specified that such practice was illegal according to Title VII of the Federal Civil Rights Act of 1964 because this legislation piece prohibited prejudice based on religion ( Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., 2015). Kazyak et al. (2018) admit that “federal and state laws protect people from discrimination on the basis of religion in all 50 states” (p. 14). Thus, one can state that Muslims, Jews, and other minorities are protected classes in the US.

Secondly, the legislation piece under consideration provides women with protection against workplace discrimination. A decision in Meritor Savings Bank, FSB v. Vinson (1986) justifies this claim because that case demonstrated that harassment created a hostile working environment. The Supreme Court stated that this situation violated Title VII of the Federal Civil Rights Act of 1964 ( Meritor Savings Bank, FSB v. Vinson, 1986). Simultaneously, Bose et al. (2020) stipulate that protecting women from workplace discrimination is not a homogenous issue. The rationale behind this statement is that whether this population group faces adequate treatment depends on the country. Bose et al. (2020) focus on United Nations member states and conclude that a large percentage of high-income countries draws sufficient attention toward addressing the issue under consideration. That is why one can state that women are protected from workplace discrimination in most developed nations.

Thirdly, Title VII of the Federal Civil Rights Act of 1964 can be applied to protect gay and transgender individuals from biased attitudes. A suitable example refers to the Bostock v. Clayton County (2020) case, where the employee was fired after it emerged that he played in a gay softball league. Even though an earlier circuit court decision supported that the firing decision had financial reasons, the Supreme Court ruled that it was illegal to fire a person for being gay or transgender ( Bostock v. Clayton County, 2020). However, it is worth admitting that such a state of affairs was not always present. Burke et al. (2021) explain that most states failed to draw sufficient attention toward protecting LGBT individuals from employment discrimination. The decision in Bostock v. Clayton County (2020) demonstrated that Title VII of the Federal Civil Rights Act of 1964 should be applied to representatives of sexual minorities (Burke et al., 2021). Thus, one can state that current legislation protects LGBT individuals from employment discrimination.

Even though the information above has demonstrated that the American legislation deals with mitigating workplace discrimination, such adverse cases occur. That is why individuals should know how to act if they face a prejudiced attitude from their employers. Consequently, the following paragraphs will comment on what agency a person should contact, what conditions should be present to file a claim, and how the agency can investigate the case.

To begin with, one should explain how a person can know where to go if they face discrimination. On the one hand, such an individual can contact the Equal Employment and Opportunities Commission (EEOC), a federal agency. This body protects the employees’ rights and deals with many discrimination cases on a national level. On the other hand, each state has local administrative agencies that are the Commission of Human Rights and Opportunities. This organization also covers all employment discrimination cases, but its jurisdiction is limited to a state where it resides. If a person wants to file a complaint, it is helpful to surf the Internet to find the closest organization or reach a public lawyer to get assistance with choosing the body to contact online.

Irrespective of whether an individual chooses to deal with a federal or state agency, it is necessary to prepare certain information to file a claim. Firstly, personal details of both the victim and an individual who is accused of discriminatory behavior are required. The US Equal Employment Opportunity Commission (n.d.a) clarifies that the names, addresses, and telephone numbers should be presented. Secondly, the person should provide a description of events or activities that are believed to be unfair or prejudiced (US Equal Employment Opportunity Commission, n.d.a). This information is necessary for a state or federal agency to determine whether there is any legal reasoning to consider that discrimination is present in such cases. Finally, it is essential to mention the exact dates when the event occurred (US Equal Employment Opportunity Commission, n.d.a). This detail is significant because there are some time limits to file complaints. The standard period is 180 working days, but it can be extended to 300 working days under some circumstances. That is why it is reasonable to file a complaint with 180 days to ensure that the time limit is met.

Once a complaint is filed, an agency should start the investigation process. The first step is to notify a respondent that somebody sued against them (New York State, n.d.). If a person contacts a state agency, it can forward a copy of this claim to the EEOC office if a respondent resides in a different state. The following step is to investigate the claim by relying on numerous methods, including field investigation, written inquiry, and investigatory conference (New York State, n.d.). These processes are necessary for an agency to collect evidence that is required to establish a fact of discrimination. If the obtained information demonstrates that discriminatory practices were present, the agency can prepare a lawsuit against the employer.

If I were the attorney on retainer for an employer, I would give a few pieces of advice to help the client avoid potential discrimination claims. The first recommendation is to get acquainted with Title VII of the Federal Civil Rights Act of 1964. This document is essential because it allows employers to understand what behavior can be considered discrimination against employees (US Equal Employment Opportunity Commission, n.d.b). Thus, the information in this legislation piece can be sufficient for the client to ensure that their employment practices are not biased.

However, Title VII of the Federal Civil Rights Act of 1964 appeared many years ago, but employment discrimination cases tend to happen now and then. That is why a suitable strategy is to consider how real-life organizations manage this issue. On the one hand, Dadanlar and Abebe (2020) stipulate that “firms led by female CEOs have a reduced likelihood of discrimination lawsuits” (p. 398). A possible explanation of this fact is that women also face some forms of discrimination in the modern world. That is why they understand the adverse consequences of this issue and contribute to making the workforce diverse and equal. That is why a recommendation to my imaginary client would be to hire women in some management positions. As a result, academic evidence allows for supposing that female managers will bring more diversity to the workplace, which will help avoid discrimination lawsuits.

On the other hand, I would recommend drawing more attention to promoting LGBT diversity. For example, Maks-Solomon and Drewry (2020) stipulate that many American corporations changed their position from opposing to promoting the rights of this minority group. Valuable strategies are to sponsor pride parades, have hiring policies that welcome LGBT individuals, contribute to the emergence of employee groups that promote workers’ interests, and others (Maks-Solomon & Drewry, 2020). Thus, I would help my client understand that they could also invest in such activities to promote diversity and avoid criticism. It is possible to suggest that this strategy would allow the employer to create a diverse workforce where discrimination issues based on gender identity would be improbable. I can also suppose that the same approach would be beneficial to ensure that representatives of ethnic minorities do not witness prejudiced attitudes. Consequently, it is possible to rely on the existing practices that American firms and corporations utilize to avoid workplace discrimination claims.

American legislation draws sufficient attention to ensure that discrimination does not affect employees. Title VII of the Federal Civil Rights Act of 1964 is among those laws that govern this area. This legislation stipulates that employers are not allowed to subject their employees to biased attitudes based on the worker’s gender, religion, ethnicity, and other peculiarities. Academic evidence and Supreme Court cases demonstrate that women, religious individuals, and sexual minorities are protected classes under this regulation. However, some discrimination practices occur, and employees should know how to respond to them. According to the information from credible sources, an affected person can contact a state or federal agency to report a prejudiced attitude. The organizations should investigate these cases and file a lawsuit against employers if the evidence demonstrates that they discriminated against some workers. That is why employers should make efforts to avoid such issues, and using the strategies of American firms and corporates as an example is a suitable strategy.

Bose, B., Quinones, F., Moreno, G., Raub, A., Huh, K., & Heymann, J. (2020). Protecting adults with caregiving responsibilities from workplace discrimination: Analysis of national legislation. Journal of Marriage and Family, 82 (3), 953-964.

Bostock v. Clayton County, 590 US . (2020).

Burke, K., Kazyak, E., & MillerMacPhee, A. (2021). LGBT employment nondiscrimination: Debating sexuality and citizenship. Sexual Research and Social Policy. 

Dadanlar, H. H., & Abebe, M. (2020). Female CEO leadership and the likelihood of corporate diversity misconduct: Evidence from S&P 500 firms. Journal of Business Research, 118 (1), 398-405.

Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. , 575 US. (2015).

Kazyak, E., Burke, L., & Stange, M. (2018). Logics of freedom: Debating religious freedom laws and gay and lesbian rights . Socius: Sociological Research for a Dynamic World, 4, 1-18.

Maks-Solomon, C., & Drewry, J. M. (2020). Why do corporations engage in LGBT rights activism? LGBT employee groups as internal pressure groups . Business and Politics, 23 (1), 124-152.

Meritor Savings Bank, FSB v. Vinson, 477 US 57 . (1986).

New York State. (n.d.). Complaint. 

US Equal Employment Opportunity Commission. (n.d.a). How to file a complaint. 

US Equal Employment Opportunity Commission. (n.d.b). Title VII of the Civil Rights Act of 1964. 

Cite this paper

  • Chicago (N-B)
  • Chicago (A-D)

StudyCorgi. (2022, October 11). Employment Law Paper: Workplace Discrimination. https://studycorgi.com/employment-law-paper-workplace-discrimination/

"Employment Law Paper: Workplace Discrimination." StudyCorgi , 11 Oct. 2022, studycorgi.com/employment-law-paper-workplace-discrimination/.

StudyCorgi . (2022) 'Employment Law Paper: Workplace Discrimination'. 11 October.

1. StudyCorgi . "Employment Law Paper: Workplace Discrimination." October 11, 2022. https://studycorgi.com/employment-law-paper-workplace-discrimination/.

Bibliography

StudyCorgi . "Employment Law Paper: Workplace Discrimination." October 11, 2022. https://studycorgi.com/employment-law-paper-workplace-discrimination/.

StudyCorgi . 2022. "Employment Law Paper: Workplace Discrimination." October 11, 2022. https://studycorgi.com/employment-law-paper-workplace-discrimination/.

This paper, “Employment Law Paper: Workplace Discrimination”, was written and voluntary submitted to our free essay database by a straight-A student. Please ensure you properly reference the paper if you're using it to write your assignment.

Before publication, the StudyCorgi editorial team proofread and checked the paper to make sure it meets the highest standards in terms of grammar, punctuation, style, fact accuracy, copyright issues, and inclusive language. Last updated: December 13, 2022 .

If you are the author of this paper and no longer wish to have it published on StudyCorgi, request the removal . Please use the “ Donate your paper ” form to submit an essay.

96 Employment Law Essay Topic Ideas & Examples

🏆 best employment law topic ideas & essay examples, ✅ good essay topics on employment law, 📑 interesting topics to write about employment law, ❓ employment law essay questions.

  • Employment Law: Worker Health and Safety Worker health and safety deals with protecting the security, health and welfare of workers. Worker health and safety enhances and maintains physical, psychological and social heath of workers in all jobs to the highest degree.
  • Employment Law and Management These cases suggest that managers should know how to protect the peculiarities of labor legislation in order to protect their interests. In particular, managers should know how to protect the interests of their firms. We will write a custom essay specifically for you by our professional experts 808 writers online Learn More
  • Employment Law Case Brief Analysis However, the plaintiff never signed the letter but instead with the help of his counsel told the defendant that he objected to extension of the layoff.
  • An Employment Law Compliance Plan for Landslide Limousines The TWC offers information to both the employer and employee on the Texas Minimum Wage Act, and their respective duties, rights and remedies under the Act.
  • Employment Law Applications: Public and Private Sector This paper analyzes the differences that exist between the public sector and the private sector. The government, through the legislature, does the work of formulating laws that guide the private and the public sector.
  • Employment Law Compliance Plan In India, the increasing employee expectations have resulted in the weakening of authority, more attention to work ethics and an increased number of activists in the employment sector. Therefore, to retain employees in India, it […]
  • Employment Law and Health Care One of the most influential and critical laws is the Patient Protection and Affordable Care Act of 2010, commonly referred to as the Affordable Care Act or simply the ACA.
  • Employment Law Principles in the United Kingdom The employment laws currently in use in the United Kingdom can be traced back to the 14th century when the government of the United Kingdom started introducing laws to help define the relationship between the […]
  • UAE Employment Law and Reforms in 2016 The law of employment also referred to as the labor law is a field of law that governs relations between employees and employers.
  • Employment Law in the UAE As Article 3 of the Law states, all personnel working on the premises of the UAE are subject to these regulations.
  • Telephone Interviewing and Equal Employment Law The article by Oliphant, Hansen, and Oliphant titled “A Review of a Telephone-Administered Behaviour-Based Interview Technique” discusses the findings of a study that explores the impact of behavior-based interviews on performance and retention of a […]
  • Employment Law and Workplace Relations in the UK As to the brief overview of the Contract of Employment, it is an agreement between a worker and an employer that provides a basis for the employment relationships. The second was linked to unfair dismissal […]
  • Employment Law in Human Resource Practice In this case, the Bottomless Cup failed in the vetting process and the organization is liable for its employees’ conduct. Barry can sue the organization for assault and damages caused in the process and this […]
  • Employment Law: Immigration Reform and Control Act Due to this fact, Patricia and other employers are expected to follow the specifications of this law. There are several procedures that Patricia is expected to follow in the process of employment.
  • Employment Discrimination and Law Amendment The proposed solution to this problem implies that the government adopts a law amendment in accordance with the aspects of the FEHA Act, which obliges employers to refrain from committing the repetitive employee offense in […]
  • Employment Law: Scenarios of Bringing a Civil Suit In the given scenario by ABC apartment company, where a manager used a key to open one of the apartments in the complex during his off duty time and enter a tenant’s apartment and rape […]
  • UK Employment Law Application The first case which borders on industrial strikes calls for attention in line with the provisions as set out in the procedures governing official and unofficial strikes. An official strike is supposed to have the […]
  • Concepts and Issues in Contemporary Employment Law The Age Regulations provide apparent scope to the employers to defend their discriminatory conduct because of the presence of some controversial and uncertain elements in the Regulations.
  • Employment Law: Dukes v. Wal-Mart He further recommended that the certification of the case “should not be construed in any manner as a ruling on the merits or the probable outcome of the case” Dukes v.
  • Employment Law: Working in Shifts and Overtime This document will focus on the edicts of governmental agencies in the United States and regulatory laws ascertained with regard to working in shifts and overtime.
  • Corporate Governance, Employment and Negligence Law According to the Company’s Act 2006, “the remuneration of the directors will be determined by the directors” in the properly managed company; this means that the board of directors has the mandate to determine and […]
  • Aspects of the Employment Law Employment laws have been used for a long time to safeguard the interests of employees and employers at the workplace. Second, the effect of the existing employment laws on the local and overseas executives has […]
  • Employment Law: Worker Termination and Dismissal While determining reasonable notice, companies should focus on such aspects as the age of a worker, the length of employment, the health of an employee, and the availability of jobs in the community.
  • Employment Law in Australian Insurance Sector As a matter of fact, there was no evidence to prove that the inclusion of the implied term in the contract was a professional custom in the insurance sector.
  • Employment Law Scenario: Barbara’s Bakery The firm should also be comfortable with the employee and feel that the amount it is paying to the employee as salary or wages is dutifully earned.
  • How Employment Law Has Developed Over the Past 40 Years In the United Kingdom, many laws provide a framework of employees’ and employers’ rights. The following is a list of various acts and statutes which are related to employment laws and are enforced in the […]
  • Contractual Precedent Within Employment Law: The Terms Offer, Acceptance, Consideration, and Intention
  • Impact of Global Issues on Employment Law
  • Five Employment Law Basics Managers Need to Know
  • Major Differences Between the US and French Employment Laws
  • Age Discrimination in Employment Law: Direct and Indirect Discrimination
  • Employment Law: Punishment for Employing Child Labour in India
  • Canadian Employment Law: Discrimination of Disability During Recruitment
  • What Ways Privacy Protected by Employment Law
  • Working Conditions and Employment Law: Legal Provisions and Safety Provisions
  • Employment Law in the Us: The Majority of State Laws Allow for Employment to Be “At-Will”
  • Employment Law and Virtual Organizations: Riordan Manufacturing
  • The Minimum Wage in Employment Law and Why Many Developing Countries Don’t Have It
  • Unfair Dismissal, Wrongful Dismissal, and At-Will Employment in Employment Law
  • Chinese Labor and Employment Law: Employees Should Not Work More Than Eight Hours a Day
  • Co-determination and Industrial Democracy in Employment Law: A Right to Elect Directors on the Board of Large Corporations
  • Security Management in Employment Law
  • United Kingdom: Employment Law and Unfair Dismissal
  • International Employment Law: Universal Labor Standards
  • Employment Law in Israel: One-Third of the Workforce Is Unionized
  • Powerful Rights to Strike in Mexican Employment Law
  • Iranian Labor Law: The Minimum Age for Workers Is 15 Years
  • Employment Law: Racial Discrimination
  • Japanese Employment Law: Work Style Reform Law
  • Gender Discrimination and Equal Pay Act in Employment Law
  • Check if You’re Entitled to Paid Holidays in Employment Law
  • The Beginnings of Halakhic Employment Law Are in the Bible
  • The Impact of Legislation on Businesses: Laws Protect Consumers and Workers
  • Employment Law Against Sexism: Performance Pressures, Social Isolation, and Role Encapsulation
  • Maternity Leave, Adoption Leave, and Paternity Leave in Employment Law
  • Why the Living Wage Is Higher Than the Minimum Wage in Employment Law
  • Protecting Employees When a Business Changes Owner in Employment Law
  • History of Mexican Employment Law: The Mexican Revolution and Federal Labor Law
  • Information Technology and Employment Law: Challenges in an Evolving Workplace
  • Employment Law: National Origin Discrimination
  • Employment Law: The Women’s Trade Union League
  • Switzerland Employment Law: Employee-Side Guaranteed Minimum Protection Standards Regarding Working Hours
  • Employment Law Compliance Plan of Bollman Hotels
  • Employment Law Alliance: Global Employment Law Solutions
  • Idaho Employment Law: Drug Testing
  • The Personal Scope of Employment Law
  • What Are the Similarities and Differences Between American and French Employment Laws?
  • What is the Employment Law in Australia?
  • What Is the Difference Between Commercial and Employment Law?
  • How Does Employment Law Regulate Business?
  • Employment Law: Why Is Disability Discriminated Against During Hiring?
  • What Is the Employment Law of China?
  • Does Employment Law Regulate Racial Discrimination?
  • Which Dismissal Is Constructive Under Employment Law?
  • What Is Contractual Precedent in Employment Law?
  • How Does Employment Law Regulate Gender Discrimination?
  • Does Employment Law Guarantee Equal Pay?
  • How Does Employment Law Regulate Religious Discrimination?
  • Employment Law and Discrimination: What Is the Basis for a Claim?
  • How Does Employment Law Affect Employee Relations?
  • What Are the Employer’s Obligations Under Employment Law?
  • How Does Employment Law Affect the Employment Contract?
  • What Is the Personnel Management Strategy According to Employment Law?
  • Why Is Employment Law Important for Employees?
  • Does the Employment Law Take Into Account Indirect Duties?
  • What Problems Can Be Solved With the Help of Employment Law?
  • How Is the Hiring Process According to the Employment Law?
  • Does Employment Law Apply in Virtual Organizations?
  • What Is Employment Law Compensation Plan?
  • What Is the Penalty for Non-compliance With Employment Laws?
  • Employment Law: What Is the Procedure and Practice of Court Proceedings in Labor Cases?
  • What Are the Basic Employment Rights for a Worker?
  • What Can I Sue My Employer for in Georgia Under Employment Law?
  • What Is the Connection Between Employment Law and Trade Unions?
  • Employment Law: How to Protect Personal Data?
  • How Does Employment Law Regulate Age Discrimination?
  • Chicago (A-D)
  • Chicago (N-B)

IvyPanda. (2023, September 26). 96 Employment Law Essay Topic Ideas & Examples. https://ivypanda.com/essays/topic/employment-law-essay-topics/

"96 Employment Law Essay Topic Ideas & Examples." IvyPanda , 26 Sept. 2023, ivypanda.com/essays/topic/employment-law-essay-topics/.

IvyPanda . (2023) '96 Employment Law Essay Topic Ideas & Examples'. 26 September.

IvyPanda . 2023. "96 Employment Law Essay Topic Ideas & Examples." September 26, 2023. https://ivypanda.com/essays/topic/employment-law-essay-topics/.

1. IvyPanda . "96 Employment Law Essay Topic Ideas & Examples." September 26, 2023. https://ivypanda.com/essays/topic/employment-law-essay-topics/.

Bibliography

IvyPanda . "96 Employment Law Essay Topic Ideas & Examples." September 26, 2023. https://ivypanda.com/essays/topic/employment-law-essay-topics/.

  • Dispute Resolution Questions
  • Collective Bargaining Essay Titles
  • Minimum Wage Research Ideas
  • Contract Law Research Ideas
  • Workplace Discrimination Research Topics
  • Social Justice Essay Ideas
  • Economic Topics
  • Work Environment Research Topics
  • Remote Work Research Topics
  • Work-Life Balance Essay Titles
  • Social Work Essay Titles
  • Workplace Diversity Research Ideas
  • Unemployment Essay Topics
  • Workplace Health Essay Topics
  • Retirement Titles

City of Moscow, Idaho, passes anti-discrimination ordinance

  • Updated: Apr. 02, 2013, 2:28 p.m. |
  • Published: Apr. 02, 2013, 1:28 p.m.
  • The Associated Press

— The Moscow City Council has passed an anti-discrimination ordinance that makes it illegal to make housing and employment decisions based on sexual orientation and gender identity.

The council passed the ordinance Monday amid protests by Mayor Nancy Chaney and some residents who say they were not given a chance to comment on the proposal.

Councilman Dan Cascallen says the panel had received volumes of emails and felt it had taken enough public opinion.

Chaney says she believes the ordinance warranted discussion from all sides. She says she believes the council's action will put a blight on the city.

The Moscow-Pullman Daily News reports the ordinance passed unanimously.

-- The Associated Press

If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy.

I'm an employment lawyer. If you've been fired after taking maternity leave, you may be a discrimination victim.

  • Rachel Berlin Benjamin is a partner at Beal Sutherland Berlin & Brown. 
  • She's helped pregnant people navigate discrimination laws.
  • She recommends people contact a lawyer if they suspect they are being discriminated. 

Insider Today

This as-told-to essay is based on a conversation with Rachel Berlin Benjamin. It has been edited for length and clarity.

I’m a plaintiff’s employment attorney, or someone who specializes in workers’ rights. I help employees who have been discriminated against in the workplace by pursuing claims of discrimination or retaliation and receiving the payments they may be entitled to if they have legal claims. I’ve helped people across all industries and jobs who have experienced unlawful discrimination , retaliation, or sexual harassment. 

As a victim advocate and a mom of two, I’ve been able to help dozens of pregnant people who have been unfairly treated in the workplace. As many industries undergo layoffs, here are some things to keep in mind. 

If you’re fired after getting pregnant or taking maternity leave, you might be the victim of discrimination

The experience of being let go while pregnant or shortly after giving birth is surely an emotional and stressful time, but it’s important to know your rights.

Pregnancy alone cannot be grounds for termination. If an employer demotes, fires, fails to accommodate, or mistreats someone solely because they are pregnant, then that likely violates the Pregnancy Discrimination Act , Title VII of the Civil Rights Act , and or the newly enacted Pregnant Workers Fairness Act . These important federal laws help protect women and pregnant employees in the workplace, but they will only apply if the employer has at least 15 employees. 

Title VII and the Pregnancy Discrimination Act prohibit sex discrimination on the basis of pregnancy. In 2023, the Pregnant Workers Fairness Act went into effect and made clear that employers need to provide reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions. This could include changes to one’s job, workplace and schedule, and requests for light-duty work or job modifications.

There are circumstances where a person is demoted or let go for non-discriminatory reasons unrelated to the worker’s pregnancy. Employers could decide to discipline or terminate a pregnant worker because of legitimate performance issues, personality differences, or a reduction in workforce, for example. 

Discrimination can also happen during parental leave

The Family and Medical Leave Act (FMLA) is a federal law that allows employees who have been working for a company for at least a year full-time to take 12 weeks of unpaid leave. That could be for a serious medical condition, taking care of a sick family member, or giving birth. FMLA is not paid parental leave . 

While FMLA generally offers job protection to employees, it does not make an employee “termination proof.” In other words, it is possible to be legally fired during FMLA leave if the employer can show the employee was terminated for reasons completely unrelated to FMLA leave, or the decision to terminate the worker is documented and decided before the worker contemplates FMLA leave, for example. However, it raises a red flag if I see someone being fired during FMLA leave or shortly after they return from the leave. 

You don’t have to wait until you are terminated to contact a lawyer

You might get a severance package if you’re let go while pregnant or on leave, and there might be language in there saying to contact a lawyer. That’s usually when people think it’s time to take that step. But if you feel like you’ve been targeted because of pregnancy or medical leave at any time during employment, you should contact a plaintiff’s employment lawyer. 

The earlier you contact a lawyer who specializes in this area, the better because we can help you navigate a lot: what to document, whether to record conversations, how to respond to employer emails or texts, what to say, and how to protect yourself. We will also help you get a better understanding of the deadlines that exist to pursue these types of claims.

Employment lawyer fees vary for discrimination work

A legal consultation doesn’t necessarily have to be paid. A lot of times, if you have a legal claim under any of the statutes, your consultation might be free because your claims are valuable. Lawyers in this field work both on a contingency fee (taking a percentage of your settlement) or based on their hourly rates. If you feel you need a lawyer, call a firm specializing in representing employees and tell them what is going on. You don’t necessarily need documents, recordings, or video to prove your case. Your word is good enough.  

Compensation for discrimination can vary. Under employment discrimination laws, lost wages can be recovered until you find new work, potentially including differences to your previous salary and "front pay" for the future. However, recovering these damages requires diligently seeking new jobs and documenting your efforts to minimize losses. Compensatory damages are also available but capped based on your employer's size. Every case is different. 

employment law discrimination essay

Watch: FACEBOOK EXEC: We know for a fact there's a bias against motherhood in the workplace

employment law discrimination essay

  • Main content
  • Share full article

Advertisement

Supported by

N.Y. County Order Targets Transgender Women and Girls in Sports

A new ban in Long Island’s Nassau County prohibits girls’ and women’s teams with transgender athletes from competing at public facilities, the latest effort in a nationwide push to limit participation in women’s sports.

Bruce Blakeman speaks at a news conference, flanked by little girls holding signs.

By Claire Fahy

A county on Long Island, N.Y., is making more than 100 facilities off limits to athletic organizations that allow transgender girls and women to compete on teams that match their gender identity, staking out a position in the nationwide debate over how and when transgender athletes can participate in women’s sports.

Bruce Blakeman, the Nassau County executive and a Republican, signed an executive order on Thursday requiring any sports league or organization that wants to use a county parks department facility to “expressly designate” its teams as male, female or coed based on members’ assigned sex at birth.

The policy takes effect immediately and does not require legislative approval. The governor, the New York attorney general and the New York chapter of the American Civil Liberties Union said the ban was illegal and suggested legal action could be imminent.

The move was the latest in a series of efforts by officials across the country to bar transgender athletes from competing on teams that match their gender identity, particularly in girls’ and women’s sports. In the past several years, more than 20 states have passed laws restricting transgender athletes from playing school sports on teams that do not match the sex they were assigned at birth, according to ESPN .

And last year, the U.S. House of Representatives, which is controlled by Republicans, approved a bill that would bar transgender women and girls from competing in women’s sports . The bill has no chance of passing the Senate, which is controlled by Democrats, or of being signed by President Biden.

According to Mr. Blakeman’s office, the executive action signed on Thursday, which does not restrict transgender boys and men from competing on boys’ and men’s teams, will affect thousands of teams across all levels that compete at Nassau County facilities.

Last year, the Big East Conference, home to 11 college athletics programs, held its swimming championship in the county. A spokesperson for the Big East said the championship would be in Indianapolis this year and that no decision had been made about future events.

Robert Zayas, the executive director of the New York State Public High School Athletic Association, told his colleagues in an email on Thursday that the association “continues to advise its member schools to place students on teams that most appropriately aligns with the student’s gender identity.” Dr. Zayas added that he was working with state officials to figure out how to address the new ban and to determine what effect it would have on student athletes.

Backlash to the order was swift.

“This discriminatory move not only undermines the principles of inclusivity and fairness but also perpetuates harmful stereotypes and exclusion,” said David Kilmnick, the president of the L.G.B.T. Network, a nonprofit group based on Long Island and in Queens.

“New York State law explicitly protects the rights of transgender individuals, ensuring their equal participation in all aspects of life, including sports,” he added. “Attempting to enforce such a ban would be futile and legally untenable.”

Gov. Kathy Hochul, in a statement to The New York Times on Thursday, accused Mr. Blakeman of “bullying trans kids.”

“There is nothing lower than trying to score cheap political points by putting a target on the backs of some of our state’s most vulnerable children,” she said. “We’re proud New York has some of the nation’s strongest protections for the L.G.B.T.Q.+ community, and my Administration is committed to enforcing these laws.”

Letitia James, the New York attorney general, called the order “transphobic” and “deeply dangerous.” Bobby Hodgson, the director of L.G.B.T.Q. Rights Litigation at the New York chapter of the A.C.L.U., said in a statement that the organization would “consider all options to stop it.”

Jami Taylor, a political science professor at the University of Toledo and an expert on L.G.B.T. politics, said in an interview that in signing the order, Mr. Blakeman had ignored both state law and a precedent set by the state Supreme Court.

According to New York human rights law, gender identity and expression is a protected class in “ all areas of jurisdiction, including employment, places of public accommodation, public and private housing, educational institutions and credit. ” Ms. Taylor said county sports facilities would be considered places of public accommodation.

“What this is, is an attempt broadly by Republicans nationally to focus on the transgender rights issue in an election season,” Ms. Taylor said. “It’s really just a culture war issue that they feel is advantageous.”

The New York Supreme Court ruled in Richards v. United States Tennis Association in 1977 that Renée Richards, one of the first openly transgender professional athletes, could compete in the women’s draw at the U.S. Open, rejecting the tennis association’s requirement for Ms. Richards to pass a sex chromatin test.

“As early as 1977, it was recognized by a New York court that sex discrimination claims under the Human Rights Law may be brought by individuals alleging discrimination because of their gender identity,” the New York state guidance on gender identity protections reads.

Assemblywoman Gina Sillitti, a Democrat representing parts of Nassau County, said that Mr. Blakeman had signed the order to score political points.

“He is issuing an unnecessary executive order to grab headlines that I fear could lead to a culture of hate towards transgender children,” Ms. Sillitti said. “Words matter. Far too often, hateful rhetoric leads to hateful action.”

The executive order was announced at a time of increasing threats and harassment against transgender and nonbinary people, especially children, with bans on athletic activities and bathroom usage continuing to gain traction.

Nex Benedict, a 16-year-old who used they/them pronouns, died this month in a small Oklahoma town outside Tulsa after a confrontation in their high school’s girls bathroom .

Also this month, in Utah, a school district had to enlist police protection for a player on a high school girls’ basketball team whom a member of the state school board had suggested was transgender .

Mr. Blakeman, a longtime fixture in Long Island politics, won the county executive’s office in 2021 with a campaign heavily opposed to mask mandates , requirements that had angered some suburban parents and businesses, as well as a focus on crime and bail reform.

His win, part of a wave of G.O.P. victories in Nassau County that fall , catapulted Mr. Blakeman to hero status in state Republican circles, with defiant appearances on Fox News only burnishing that reputation.

But Nassau County, with a population of about 1.4 million people , is far from a monolithic G.O.P. stronghold, with more registered Democrats than registered Republicans and nearly 300,000 nonaffiliated voters.

That moderate disposition was proved last week with a win by Tom Suozzi , a Democrat, in a special election in the Third Congressional District, the majority of which is in Nassau County.

Mr. Blakeman was joined at a news conference on Thursday by Kim Russell, a former women’s lacrosse coach at Oberlin College in Ohio who was removed from her position after publicly criticizing the inclusion of transgender women in women’s sports .

The speakers stood at a lectern flanked by school-age girls holding signs that read “Protect Women’s Sports.”

“I’m here, first and foremost, to support all of these young girls here,” said Ms. Russell, who does not live in Nassau County. “Without having the ability to have single-sex competition, these young girls could lose opportunities.”

When Mr. Blakeman was asked at the news conference how many transgender athletes competed in Nassau County, he said he did not know. He said that fewer than 1 percent of the county’s residents identified as transgender, without citing a source, and that he was not sure how many, if any, competed at county facilities.

Instead, he referred to transgender girls who competed on women’s teams outside New York in his remarks, saying that he wanted to “get ahead of the curve here in Nassau County.”

As Mr. Blakeman signed the order, a small group of protesters gathered outside the county executive and legislative building where the news conference was taking place, chanting, “Trans kids are our kids.”

Juli Grey-Owens, the executive director of Gender Equality New York, a group that took part in the protest, said that in Nassau and Suffolk Counties, which have a combined population of around 2.9 million, there were about 17,000 transgender people.

The bigger question, Ms. Grey-Owens said, was how many transgender athletes were even involved in local women’s and girls’ sports.

“Every time that question is asked, they come back with no answer,” she said. “Because they have a solution looking for a problem.”

Jesse McKinley contributed reporting.

An earlier version of this article described incorrectly the timing of Nex Benedict’s death. They died earlier this month, not this week.

How we handle corrections

Claire Fahy reports on New York City and the surrounding area for The Times. She can be reached at [email protected]. More about Claire Fahy

Politics in the New York Region

Long Odds: Republicans selected Mike Sapraicone, a former police detective who runs a security firm  and positions himself as a moderate, as their preferred nominee in a long-shot bid to unseat Senator Kirsten Gillibrand of New York.

County Order: A new ban in Long Island’s Nassau County prohibits girls’ and women’s teams with transgender athletes from competing at more than 100 public facilities .

The Road to House Control: Tom Suozzi’s victory in a special House election stopped a Republican winning streak on Long Island, and Democrats contend that his successful approach could portend bigger gains for the party in the fall .

A Redistricting Surprise: When New York was ordered to redraw its congressional map, a commission was created to guide the redistricting process. But the new map looks a lot like the old one. The decision thrusts a legally thorny choice on the state’s Democratic-led Legislature .

A Long Island Swing Seat: John Avlon, a Democrat and former CNN political analyst, announced that he would enter a crowded congressional primary  to try to flip a seat on Long Island held by Representative Nick LaLota, the Republican incumbent.

A New York ‘Housing League’: Brooklyn’s borough president and a Manhattan councilman are forming a club of politicians  who embrace using development to ease New York City’s housing crisis.

COMMENTS

  1. Employment Law Essay- Discrimination

    1 S Taylor, A Emir, Employment Law an introduction, (5th edn, OUP, 2019) p 2 House of commons, ... Employment Law Essay- Discrimination. Module: Employment Law (LAW3004) 25 Documents. Students shared 25 documents in this course. University: University of Northampton. Info More info. AI Quiz.

  2. Discrimination Law

    The Sex Discrimination Act 1975 (SDA) prohibits sex discrimination against individuals in the areas of employment, education, and the provision of goods, facilities and services and in the disposal or management of premises. It also prohibits discrimination in employment against married people.

  3. Essay on Employment Discrimination

    The Employment Discrimination Act refers to federal and state laws that prohibit employers from treating workers differently based on certain attributes unrelated to job performance. Discrimination by government employers violates the constitutional guarantees of equal protection and due process.

  4. Employment Discrimination Essay

    Essay on Employment Discrimination Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation.

  5. Unlawful Discrimination At Workplace

    Under federal and state legislation, discrimination happens when someone or a group of people is treated less favourably than the other person or group because of their race, colour, sex, sexual preference, ethnic origin, marital status, age, disability, family or carer's responsibilities, religion, political opinion, trade union activity; or so...

  6. Discrimination Legislation in the Equality Act

    [ 1] The Equality Act 2010 is promulgated with the view that it would remove social and economic disparities amongst members of the British society. It provides certain protected characteristics that could be the cause of discrimination.

  7. Laws Enforced by EEOC

    Laws Enforced by EEOC. This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination ...

  8. Employment Law Paper: Workplace Discrimination

    Employment Law Paper: Workplace Discrimination | Free Essay Example StudyCorgi Business Employment Law Paper: Workplace Discrimination Topics: Discrimination, Workplace Discrimination Words: 1697 Pages: 6 Table of Contents Three Protected Classes of Persons Procedural Requirements to File a Claim Recommendations to an Employer Conclusion References

  9. Discrimination in the workplace Free Essay Example

    Basically, it can be defined as a less favorable treatment towards an individual or a group of individuals at work, usually based on their nationality, skin color, sex, marital status, age, trade union activity, or other defining attributes (Australian Human Rights Commission). Essay author WINNIE PhD Verified writer Proficient in: Discrimination

  10. Equal Employment Opportunity Laws

    The Age Discrimination in Employment Act of 1967 (ADEA) protects certain age groups of people (Buckley, 2012). It protects employees that are more than 40 years old. The fourth law is based on The Disabilities Act. ... This essay, "Equal Employment Opportunity Laws" is published exclusively on IvyPanda's free essay examples database. You can ...

  11. Employment Laws on Discrimination

    Free Essay on Employment Laws on Discrimination at lawaspect.com. Free law essay examples to help law students. 100% Unique Essays ... most important provisions of the Civil Rights Act of 1964 are written in the Title VII which deals particularly with employment discrimination, such that 'employment practice based on disparate impact on the ...

  12. Employment Discrimination and Law Amendment Essay

    The significance of the position of California Employment Lawyer Association at FEHA department is revealed in the fact that it will ease the process and ensure flexibility in the negotiations during the proposal review. This essay, "Employment Discrimination and Law Amendment" is published exclusively on IvyPanda's free essay examples database.

  13. Employment Law Essays

    Employment Law Essays (Page 1) Looking for employment law dissertations? we have a range of dissertation content available at our sister website UKDiss.com including example employment law dissertations, proposals, literature reviews and dissertation topic and title examples. What is an Employee - Employment Law Essay Example essay.

  14. 96 Employment Law Essay Topic Ideas & Examples

    The law of employment also referred to as the labor law is a field of law that governs relations between employees and employers. Employment Law in the UAE. As Article 3 of the Law states, all personnel working on the premises of the UAE are subject to these regulations. Telephone Interviewing and Equal Employment Law.

  15. Employment Discrimination Essay

    Discrimination in its most general form is the differentiation among persons for the purpose of making decisions about those individuals and can occur on the basis of legitimate factors (e. g. , merit or potential to perform a job).

  16. Discrimination and Employment Law

    Employment Law Essay i) Ben's Case In accordance with the ruling in Seide v Gillette Industries [1980] IRLR 427, Ben, as a person of Jewish faith, is classed as a member of an ethnic group. This affords the protections offered under the pertinent legislation. Race Relations Act 1976 (RRA 1976).

  17. City of Moscow, Idaho, passes anti-discrimination ordinance

    — The Moscow City Council has passed an anti-discrimination ordinance that makes it illegal to make housing and employment decisions based on sexual orientation and gender identity.

  18. Advice If Fired While Pregnant, After Maternity Leave: Employment Lawyer

    An employment lawyer says if you're fired after getting pregnant or taking maternity leave, you might be the victim of workplace discrimination. Menu icon A vertical stack of three evenly spaced ...

  19. Dealing With Work Place Discrimination

    LAWFUL WORKPLACE DISCRIMINATION Every individual have unique qualities, traits and characteristics. Identifying and distinguishing qualities or characteristics are not always discrimination. For example, in performance management, discrimination is seen as a constructive practice; as this isolates non-performers from the performers.

  20. Human Rights Commission

    The Commission is to recommend to the Mayor and the Council policies and programs with the objective of implementing Commission goals and objectives concerning the civil and human rights of persons and groups in the community. The Commission shall work with City officials to ensure that the City continues to be a leader in extending equal ...

  21. N.Y. County Order Targets Transgender Women and Girls in Sports

    A new ban in Long Island's Nassau County prohibits girls' and women's teams with transgender athletes from competing at public facilities, the latest effort in a nationwide push to limit ...

  22. Equality Act and Discrimination Within the Workplace

    Section 7 (2) SDA 1975 describes any situations where it is a genuine occupational qualification to be a man, such as Section 7 (2a) SDA 1975, it is stated that if a man's physiology is an essential element of a job then it is not sexual discrimination to specifically employ a man.

  23. Employment Opportunities

    Employment Opportunities. The City of Moscow Mills is an equal opportunity employer and prohibits discrimination against employees or applicants on the basis of race, color, religion, sex, national origin, age, disability, military status, sexual orientation or any factor whose consideration is prohibited by federal, state, or local law. The ...

  24. City Code

    The code as displayed herein is for reference purposes only. Accuracy and completeness are not guaranteed. For questions on enforcement of the Moscow City Code, please contact Code Enforcement at 208-883-7070.

  25. UK Laws and Acts Against the Discrimination on the Work

    With that said the root of discrimination in work is the perception of employers that based on gender, ethnicity, look and other traits, certain people will be less cost-efficient for their organisations and thus assume lower wages are fair and more appropriate.