![]() If they are unable to because of their state regulatory structure, they may be able to go forward with a claim to the EEOC.īelow is a summary of current workplace protections in state law. According to the EEOC, “although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).” Individuals who are harassed in the workplace based off these protected classes may be able to take legal action at the state level. These protections prohibit harassment when it is so severe or pervasive that it creates a hostile work environment. Harassment in the workplace based on these protected classes is also prohibited under state and federal law. If a state does not explicitly state their employment protections against discrimination, the individual who is reporting the discrimination would refer to federal law regarding the type of discrimination in question. Almost all states have adopted discrimination laws related to employment, with protection against discrimination based on various factors, such as race, gender, age, marital status, national origin, religion or disability. ![]() Many of the state laws currently in place are similar in nature to federal civil rights laws, but may offer additional protections against employment-related discrimination. Court law interpretation and amendments to these laws are evolving. These laws are the basis of how the EEOC enforces discrimination in the workplace. Title I of the Americans with Disabilities Act of 1990 (ADA): Makes it illegal to discriminate against a qualified person with a disability from employment or during employment.The Age Discrimination in Employment Act of 1967 (ADEA): Protects employees or future employees who are 40 or older from discrimination in the workplace.The Equal Pay Act of 1963 (EPA): Prohibits sex-based wage discrimination between men and women who perform equal work in the same workplace.The Pregnancy Discrimination Act: This amendment to Title VII expands the protections regarding “sex” to include prohibiting sex discrimination on the basis of pregnancy, childbirth and/or a medical condition related to pregnancy or childbirth.This law also protects employees against retaliation for going forward with a claim regarding discrimination in the workplace. Title VII of the Civil Rights Act of 1964: Makes it illegal to discriminate against someone on the basis of race, color, religion, national origin or sex.Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting discrimination against a job applicant or an employee during a variety of work situations including hiring, firing, promotions, training, wages and benefits.
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