Anti-Discrimination in the Workplace

You’d think that by this day and age, discrimination would be absent from the workplace, but that’s not always the case. Anti-discrimination labor laws are in effect to help protect employees before, during and after their employment. Anti-discrimination laws apply, starting from the minute that you fill out a job application, carry through the hiring process and are a protection against wrongful treatment and termination.

The Department of Labor Standards Enforcement (DLSE) Policy states that all employers must post federal and state labor law posters in order to meet compliance. These labor law posters cover everything from minimum wages to workers compensation to fair and equal treatment in the workplace.

No business in the United States of America can discriminate against an employee or potential employee because of age, sex, race, color, ethnicity, nationality, sexuality or marital status. In some cases, religion and political party cannot be used as a factor. Today, the non-discrimination laws to potential new hires include a stipulation that employers cannot discriminate based on a person being over the age of forty. Though employers may think that this segment of the workforce works at a higher pay rate or slower pace than someone just out of college, the law protects this valuable experienced workforce and gives them the rights of equal treatment.

If an employee does encounter unjust, unfair or discriminatory actions at the workplace, they have the right to file a complaint with the Division of Labor Standards Enforcement (DLSE). The statute of limitations dictates that the complaint must be filed within six months of the act, unless the complaint relating to a violation of child care facilities, whereas the compliant must be filed within ninety days. After filing a complaint, an investigator from the Labor Commissioner’s Office will be assigned the case and will decide if the next step is a hearing or court case.

There are many laws related to anti-discrimination, including the Civil Rights Acts, the Americans with Disabilities Act and the Fair Employment Act which set the precedent for many of the current workplace labor laws that are in effect today. In addition, anti-discrimination labor laws relating to women have played a part in today’s equal opportunity work environment. For examples, the Equal Pay Act gave women the right to earn wages equal to that of the counterparts, while the Pregnancy Non-discrimination Act made it illegal to not hire or to fire a woman because of her pregnancy or intent to get pregnant. It’s a good idea to know the anti-discrimination laws and to ensure that your employer and co-workers are following them as well. Consult the state and federal labor law posters at your place of employment for more information.