Discrimination & Your Employment Practices

The law protects employees from being discriminated against on the basis of race, disability, religion, sex (including pregnancy), age, national origin or genetic information. An employer is also prohibited from taking retaliatory action against an employee who complains about discriminatory conduct, including one who files a charge of discrimination.

• Employment Advertisements . An employer cannot advertise a job opening that shows a preference or discourages an individual from applying due to his or her membership of a protected class. For example, an ad that seeks “males only” may violate the law.
• Recruitment and Hiring . An employer cannot discriminate in its efforts to recruit and hire new employees. For example, an employer cannot refuse to provide employment applications to individuals of a certain race or national origin. If job applicants are required to take a test, it must be necessary and related to the job and not an effort to discriminate against a protected class.
• References . An employer is prohibited from considering the person’s race, color, religion, sex (including pregnancy), national origin, age, disability or genetic information when making decisions about job referrals and references.
• Promotions . Employers cannot discriminate when making decisions about job assignments and promotions. For example, an employer cannot give preferential treatment to employees of a certain gender when creating a work schedule or assigning shifts.
• Wages and Benefits . It is illegal for an employer to discriminate against protected employees in paying wages or employee benefits, including sick/vacation leave, overtime pay, retirement programs and insurance.
• Discipline . Employers cannot discriminate when making decisions about discipline or discharge. In other words, an employer cannot discipline employees who commit the same offense differently because of their gender or race. Employers also may not discriminate when deciding which workers to recall after a layoff.
• Accommodation . Unless providing a reasonable accommodation would cause significant difficulty or expense for the employer, the law requires the employer to provide reasonable accommodation to an employee or job applicant with a disability. For example, installing a ramp for employees in wheelchairs is a reasonable accommodation.