Workplace Discrimination Test

The employment discrimination test is the same whether the basis of the discrimination is age, gender, race, color, religion, or anything else listed as a protected category. Recent court decisions have made proving discrimination more complicated than it used to be. However, there are organizations and processes to guide employees who feel they have been discriminated against in the workplace, including government agencies and non-profit organizations. The first and most important thing in the process is to determine the status of the employee. He must be experiencing discrimination for a reason that falls within a protected category, and then he must show that he experienced unfavorable treatment on the job because of this problem. Since everyone belongs to one gender or sex, everyone is protected in at least one of the protected categories from being discriminated against because of their gender. There are also people who belong to more than one category, such as a woman, Muslim, African American. Unfavorable treatment in which one employee discriminates against another affects a person’s job and has a negative impact on the work environment.

The next thing in the process is to assess the employer’s reasons for taking action against an employee. Just because an employee has been reprimanded or even fired doesn’t mean it’s illegal. It may be legitimate for economic reasons, such as downsizing, and not because an individual is Muslim or black. Third, prove that the employer’s action was not for a legitimate reason. For example, after firing a Muslim employee, the employer immediately hires a replacement, proving that there is no downsizing and that there are no other Muslims working in the company. Perhaps something derogatory was said in the workplace directly to the employee, or indirectly to others in the company. Some courts hold that showing that the employer’s stated reason was untrue is enough to hold the employer liable. More commonly, however, showing that the employer’s stated reason is not the real reason is simply not enough to prove discrimination. The employee must still present evidence to show that she was fired specifically because he is Muslim, black or female. The employee can show that the employer who fired him actually forbade him to practice his religion or said something contrary to his faith.

Statistics can also be very useful in proving cases of discrimination in the workplace. This is particularly true in very large companies, where there are a large number of employees that make real statistical analysis possible. For example, a woman applying for a job for which she is highly qualified was turned down. She later found out that the person hired was much less qualified than her and was a man. With that, the company could simply say that she did not perform well in the interview, which is a good and legal reason not to hire a person despite her qualifications. However, if you can show that more men were preferred for the position, and that few or none of the women who applied were hired, you can show through statistical data that the company systematically discriminates against women. If the statistics provided are sufficient, then it can serve as strong evidence of an act of discrimination. Additionally, it is important to understand the difference between direct (intentional) and indirect (unfortunate outcome) discrimination. An employee must also be aware of harassment or victimization against her solely because of her group affiliation.

It is important to remember that all American employees have rights under the law, ensuring that all people share the same opportunities for employment and economic growth. No one should experience discrimination in the workplace simply because of their group affiliation. A better knowledge and understanding of the law gives all employees the ability to fight for their rights and benefit from these laws. As human beings with equal rights, discrimination based on prejudice towards a certain group should never be allowed. Employment law can be confusing because it varies at the local, state, and federal levels. The best thing you can do is call an employment attorney in your area to understand what your rights are and whether or not you have a discrimination case.