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The American workplace has come a long way in the four decades since civil rights were first applied to employer-employee relationships. Specialists at the US Equal Employment Opportunity Commission (EEOC) are charged with enforcing federal laws governing workplace discrimination. And despite all the changes since the '60s, the EEOC still has plenty of work to do.
In fiscal year 2004, EEOC statistics revealed that the commission received:
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27,696 charges of race discrimination.
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24,249 charges of sex-based discrimination.
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17,837 charges of age discrimination.
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15,346 charges of disability discrimination.
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13,136 charges of sexual harassment (15 percent of which were filed by males).
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8,361 charges of national-origin discrimination.
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4,512 charges of pregnancy-based discrimination.
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2,466 charges of religious discrimination.
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1,011 charges of compensation discrimination.
And this is just at the federal level. Many state and municipal antidiscrimination statutes go further than national regulations. For example, 17 states and Washington, DC, include sexual orientation as a protected class, although there are no such federal laws.
Of course, regulations and relief are two different things. Craig Pratt, an independent human relations management consultant in Oakland, urges employees who think they have been discriminated against to document everything. "Collect data, and find someone in your company to share concerns with -- confidentially," he says.
"The workplace has matured over the past few decades," says Charles H. Fleischer, a Bethesda, Maryland, lawyer and author of The Complete Hiring and Firing Handbook. "More and more people are aware of problems with discrimination. But an employee who fails to complain early and doesn't give his employer a chance to fix the situation lessens his chance to prevail."
And employees do cry wolf. "Discrimination isn't always there," Fleischer says. "Sometimes it's just a workplace dispute between two people."
What Does the EEOC Watch For?
Title VII, a key part of the landmark Civil Rights Act of 1964, defines discrimination on the basis of an "immutable characteristic associated with race." That means not just skin color but hair and facial features. For instance, an employer with a policy prohibiting beards might be found to discriminate against African American men who have a predisposition toward shaving bumps. However, if that no-beard policy is "job related and consistent with business necessity," the EEOC sees it as nondiscriminatory.
Racial harassment, including jokes, derogatory comments, and other verbal or physical conduct, is illegal if it creates a hostile work environment or interferes with an employee's work performance.
Employees should not be singled out by race or color. For example, it's discriminatory to only assign an African American real estate agent to predominantly African American neighborhoods or to deny her listings in a mostly white area.
Employers must not discriminate based on birthplace, ancestry, culture or linguistic characteristics. For example, employees may be required to speak English on the job only if it's a requirement for conducting business.
Additional Protections
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Religious protections for employees do not require employers to make more than "reasonable accommodations." This could include providing a separate (though not exclusive) room for Muslim prayers or allowing a Jewish employee to swap shifts with a Christian colleague in order to arrive home before sunset to observe holidays.
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Sex-discrimination statutes cover many workplace issues, ranging from direct requests for sexual favors to indirectly creating a hostile work environment. For example, a supervisor dates a subordinate, who then receives a promotion; a colleague who was not promoted could file a complaint.
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The Equal Pay Act provides that men and women who perform work of similar skill, effort and responsibility receive the same wages and benefits.
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Employers must treat pregnancy, childbirth and related medical conditions like any other temporary illness or condition under the Pregnancy Discrimination Act.
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Older employees are protected against discrimination in many ways. Employers may not consider age as a factor in promotions, nor deny benefits to older employees.
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The Americans with Disabilities Act of 1990 covers both physical and mental impairments and directs employers to make reasonable accommodations." These can include modifications to workplace equipment or schedules and adjusting or modifying materials or policies. Employers are not, however, required to bear an "undue hardship" that requires significant difficulty or expense.
For more information on what the EEOC offers, visit US Equal Employment Opportunity Commission Resources.
