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A Look at EEOC-Enforced Laws: 9 Prohibited Practices for Employers (Pt. 2)

A Look at EEOC-Enforced Laws: 9 Prohibited Practices for Employers (Pt. 2)

Posted by Kathy Harrington-Sullivan | Mar 16, 2015 | 0 Comments

Resuming A Look at EEOC-Enforced Laws: 9 Prohibited Practices for Employers (Pt. 1), here, we'll continue pointing out some of the specific discriminatory actions that employers in the U.S. are NOT allowed to take, according to current U.S. law.

More Prohibited Practices for Employers

4 – Discriminating in Job Assignments/Promotions

Additional prohibited practices for employers that go hand-in-hand include:

  • Assigning people to certain jobs based on their race, ethnicity, religion, gender, age, disability, etc.
  • Overlooking people for promotions based on the above-noted factors
  • Specifically choosing others for promotions based on the above discriminatory factors.

If taking a test is required to obtain a promotion, the EEOC requires that the test is not exclusionary based on race, religion, ethnicity, age, disability, gender, etc. and that the test is necessary to the function of the job.

5 – Discriminating in Pay & Benefits

U.S. employers are prohibited from discriminating against employees in compensation packages, including both in:

  • Salary – While this means that men and women working in the same positions should be paid equal amounts for the same work, it also means that employers can't choose to pay employees of a certain race, background, religion, gender, etc. more (or less) than other employees.
  • Benefits – Such benefits include things like sick time, vacation time, insurance coverage and retirement programs/company stock options. Employers cannot offer to exclude certain employees from receiving benefits on the basis of their race, ethnicity, gender, age, disability, etc.

6 – Discriminating in Disciplining Employees

When disciplining employees and/or terminating them, employers are specifically prohibited from taking such action against employees based on their race, ethnicity, religion, gender, age, disability, etc. EEOC-enforced laws pertaining to this aspect of workplace discrimination also restrict employers from applying different disciplinary action against two employees who committed the same offense based on their different personal attributes.

So, for instance, it's illegal for an employer to go “soft” on a female employee who has violated work procedures or policies while a male employee gets written up and disciplined.

Be sure to look for the upcoming conclusion to this blog series for some final prohibited practices for employers in the U.S.

Atlanta Employment Lawyers at the Law Firm of Barret & Farahany, LLP

Have you been the target of workplace discrimination? Or do you need help resolving any employment legal issue? If so, you can turn to the experienced Atlanta employment attorneys at the Law Firm of Barret & Farahany, LLP for aggressive legal advocacy and the highest quality legal services.

At Barrett & Farahany, LLP, we're willing to take the hard road, turning over every stone along the way, to obtain every piece of evidence and information that's needed to win your case. Our lawyers are innovative, persistent, and motivated, and they are ready to put their experience, skills, and insight to work helping you.

About the Author

Kathy Harrington-Sullivan

Kathy Harrington Sullivan is a Partner at Barrett & Farahany and manages the firm's case evaluation team. Because knowledge truly is power, Kathy and the Atlanta employment attorneys on her team regularly consult with and empower potentia...

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