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The United States is a diverse society with people of all race, culture and ethnicity and with diversity there is always discrimination that will result. The historical background of the US also is a factor when examining discrimination is modern day society. Discrimination is where a person receives prejudicial treatment based on his/her affiliation is a certain group or category in society. This result in a person being restricted in the privileges he/she may receive if they were in another group. Discrimination can be based age, race, religion, sex, sexual orientation or national origin. There have been numerous laws which promote anti-discrimination such as the Age Discrimination in Employment Act, the Civil Rights Act, Equal Pays Act and Pregnancy Discrimination Act in the US which seeks to target different ways in which a person may be discriminated in society. Additionally, the Constitution protects an individual against discrimination.
Can I Sue for Discrimination?
Discrimination is prevalent and thousands of people sue for discrimination yearly. Suing for discrimination may be because of race, religion, age or any other factor that puts a person in a particular group. The first thing to do before filing a lawsuit is to enlist other methods such as confronting the person in an effort of resolving the issue even though this method maybe uncomfortable. If the discrimination was cause by a company you can file a complaint with the company. Filing a complaint with the company gives the company the chance to deal with the matter internally. If all else fails then a lawsuit can be pursued against the person or company.
Can I Sue for Age Discrimination?
A person can sue for age discrimination but a person will be more successful if they have suffered discrimination if they are over 40 years old. The issue of age discrimination more commonly than not occur in a person’s place of employment. Age is discrimination is treating someone less favourable because of their age. The Age in Employment Discrimination Act protects employees who are over the age of 40 years old but it offers no protection to persons under the age of 40 years old. The law under the Act prohibits discrimination in regards to hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. There seems to be no protection under the law for employees who are under 40 even where they may receive less favorable treatment when compared to a person who is 40 years of age or older. Suing an employer because of age discrimination (if 40 years or over) entails filing a charge with the Equal Employment Opportunities Commission. Filing a charge is a legal requirement to enable the Commission to do their own investigations. After the Commission have done their investigation a “Notice-of-Right-to- Sue” is given to permit a an employee to sue. Commencing a lawsuit without this step will result in the lawsuit being thrown out.
Can I Sue for Discrimination at work?
A lawsuit can brought against an employer where an employee is discriminated against. Discrimination within the work place is a popular occurrence which many people face on a daily basis. Title VII of the Civil Rights Act prohibits employers from discriminating employees or applicants based of race, color, religion, sex, and national origin (including membership in a Native American tribe). The section forbids discrimination in the work place in regards to hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition. An employer is also not allowed to retaliate where the employee enforces his/her rights under the Act. The discrimination should be first disclosed within the company then the employee should then file a charge with the Equal Employment Opportunities Commission. The charge allows for an investigation of the matter to ensure that all the internal administrative options have been exhausted by the employee. The Commission dislikes any unnecessary suit therefore the charge must be filed to allow them to investigate the matter. If the Commission is not successful in resolving the matter then permission is giving to pursue other options, notably to commence legal proceedings against the company.
Discrimination is frowned upon by the government which is reflected in the numerous anti-discrimination laws enacted. A person can bring a claim where they have been discriminated by employer or any other person or company because of age, sex, race religion or any other trait which places an individual in a specific group.