This is Discrimination
- "Rosita, your qualifications are great, but I can't hire you because my customers won't like your accent."
- "Gulab, how many times do I have to tell you, Babe... you get the coffee while Tom, Dick and Harry present the management team's findings to the Board."
- "Hanako, you're pregnant? You can't work here safely while you're pregnant, so you're fired!"
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Here, the employer is discriminating against Rosita based on her national origin, and against Gulab and Hanako based on their sex. While Gulab's race is different from her co-managers, a group of four employees is too small to draw any statistical conclusions about the employer's racial motive.
Also, the employer use of the derogatory female knick-name "Babe" reveals he was motivated by Gulab's sex, rather than her race, when he constantly assigned her less favorable duties than her male co-managers. In addition to her sexual discrimination claim, Gulab may also have a hostile work environment sexual harassment claim.
Discrimination occurs when an employer treats similarly situated employees differently based on one or more of the protected characteristics.
Discrimination is unlawful in any employment practice, including:
- Applications and interviews
- Licenses or certification
- Referrals by employment agencies
- Pay, classification, or duties
- Hiring, transferring, promoting, or firing
- Working conditions
- Participating in training, apprenticeships, or unions
If you think you might have a discrimination claim, ask us for a free consultation.