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Formisano & Company Attorneys At Law

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Discrimination in the workplace: The most common claims

On Behalf of Formisano & Company | Jul 4, 2022 | Employment Law, Workplace Discrimination

Workplace discrimination can happen, and Rhode Island may have its share of cases. Not only is a hostile workplace uncomfortable, but it can also threaten your family’s well-being when retaliation takes place.

As mentioned in human resources news, there are some more common types of discrimination that occur in the workplace. In fact, 3 of 5 workers in the U.S. say they have experienced discrimination. Read more to learn about the most common claims.

Retaliation is prevalent

The EEOC mentioned that retaliation was the number one claim in the year 2019. This comes in the form of an employer who takes aim at an employee who filed a claim of discrimination. There are many forms of retaliation, including the following:

  • Firing of the employee
  • Making false accusations against them, such as theft
  • Refusing to promote
  • Giving negative performance reviews

Disability

The ADA (Americans with Disability Act) prohibits discrimination because of a disability. Discrimination may take many forms, including failure to hire someone because they have a disability, harassment, refusal to accommodate or demotion. A person with a disability may receive termination for having problems performing assigned duties; this is discrimination.

Race

Employment law prohibits discrimination against an employee because of their race. You and all the employees deserve respect, dignity and equal treatment while at work. Everyone has the same rights, regardless of pay scale or title.

One example is a mid-level manager who repeatedly fails to receive a promotion due to their ethnic background. Passed over for promotion, they fail to advance, even with superior work and outstanding performance.

Sex

Know that there are two different types of discrimination. Sexual harassment occurs when you receive unwanted offensive conduct that is of a sexual nature. On the other hand, sex discrimination refers to the treatment of an employee because of their sex. Gender stereotypes may play a role in sex discrimination claims.

Discrimination in the workplace is not legal. Although it may not always be apparent, there are forms of this practice that are more common at every level, from lower-wage workers to management.

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