When you feel that an employer or prospective employer has treated you unfairly compared to other workers or job candidates who do not share the same characteristics as you, such as race/color, sex/gender, or religious belief, you may wonder whether you have become a victim of workplace discrimination. An experienced employment discrimination lawyer can help you determine whether your experiences qualify as workplace discrimination under Michigan or federal law.
Understanding Workplace Discrimination
Workplace discrimination occurs when an employer treats current or prospective employees differently based on a worker’s protected characteristic(s). Various federal and state laws prohibit employers from engaging in discriminatory practices. Workplace discrimination can harm workers in various ways, including loss of employment opportunities, lost pay/benefits, damaged professional reputations, and emotional distress. Federal and state laws make employers liable for workers’ losses caused by employment discrimination.
Protected Characteristics Under State and Federal Law
Various federal statutes prohibit workplace discrimination based on various protected characteristics. For example, Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against prospective or current employees on the basis of:
- Race
- Color
- National origin
- Religious beliefs
- Sex/gender
- Sexual orientation
- Pregnancy
The Age Discrimination in Employment Act also prohibits age discrimination against workers 40 and over. Finally, the Americans with Disabilities Act prohibits discrimination against workers with disabilities or perceived disabilities; such discrimination may also include refusing to provide a disabled worker with reasonable accommodations that would enable the worker to perform the essential functions of their job.
Michigan law also prohibits workplace discrimination based on other protected characteristics, including:
- Genetic information
- Marital status
- Height
- Weight
- Arrest record
Common Examples of Discriminatory Practices
Workplace discrimination may occur when an employer subjects a current or prospective employee to an adverse employment action or treats employees differently based on their protected characteristics. Examples of discriminatory practices by employers include:
- Refusing to hire or promote
- Paying similarly situated employees differently for equal work
- Denying pay raises, bonuses, or benefits
- Firing without just cause
- Specifically selecting workers for mass layoffs
- Giving less favorable work assignments
- Denying training or career advancement opportunities
- Subjecting workers to unequal treatment
- Harassing workers or creating a hostile work environment
Legal Options for Victims of Workplace Discrimination
Employees or job candidates subjected to workplace discrimination may have legal options for pursuing accountability from their employers. Workers should document incidents of suspected discrimination. Current employees can also report such incidents to their supervisor, employer, or the company’s human resources department. When an employer does not or will not remedy workplace discrimination, a worker may file a charge of discrimination with the Michigan Department of Civil Rights or the U.S. Equal Employment Opportunity Commission. These agencies will investigate workplace discrimination claims and may issue workers “right-to-sue” letters, which allow those workers to file workplace discrimination lawsuits.
Contact an Employment Discrimination Lawyer Today
If you believe your employer has discriminated against you in Michigan, you need experienced legal guidance to understand your options for seeking accountability and compensation for the harm you’ve suffered. Contact Fagan McManus, P.C., today for a free, confidential consultation with our legal team to learn more about your rights.
