|
| |
|
EOD > Equal
Employment Opportunity
Click on one of the links below for more information:
|
|
|
What
is race discrimination?

Race discrimination occurs when individuals are treated differently
in their employment because of their race, color, or ethnic origin.
If you have been rejected for employment, fired or otherwise harmed
in your employment because of your race, then you may have suffered
race discrimination. Title VII of the Civil Rights Act of 1964 is
a federal law that protects individuals from discrimination in employment
based on race. Title VII makes it illegal for an employer to discriminate
against individuals because of their race in hiring, firing, and
other terms and conditions of employment, such as promotions, raises,
and other job opportunities. The laws of most states also prohibit
discrimination based on race. |
|
What
is discrimination based on color?

Color discrimination occurs when individuals are treated differently
from others who are similarly situated because of the color of their
skin. This is a separately identifiable type of discrimination,
which can also occur in conjunction with race discrimination. Color
discrimination can also occur in the absence of race discrimination
when members of the same race are treated differently because of
their skin colors. In Felix V. Manquez, 24EPD 279 (D.C.D.C. 1980),
the court held that color discrimination is actionable under Title
VII. The Court origins stated that in view of the mixture of race
and ancestral origins in Puerto Rico, where the defendant employee
was located, color was the most practical claim to present.
Color discrimination also exists when all brown skinned
persons are treated differently from persons of other color regardless
of either's race. Example: The employer does not hire anyone darker
than cafe au lait (coffee with cream), but does hire light-skinned
and/or White persons of all races
Title VII of the Civil Rights Act of 1964 is a federal
law that protects individuals from discrimination based upon color.
Title VII makes it illegal for an employer to discriminate against
individuals because of their race in hiring, firing, and other terms
and conditions of employment, such as promotions, raises, and other
job opportunities. The laws of most states also prohibit discrimination
based on color.
|
|
What
is age discrimination?

If you are 40 years of age or older, and you have been harmed by
a decision affecting your employment, you may have suffered unlawful
age discrimination. The Age Discrimination in Employment Act (ADEA)
is a federal law that protects individuals 40 years of age or older
from employment discrimination. The ADEA protects individuals who are 40 years of age or older
from employment discrimination based on age. The Older Workers Benefit
Protection Act of 1990 (OWBPA) amended the ADEA to specifically
prohibit employers from denying benefits to older employees. While
an older worker is also covered by several other workplace laws,
these are the main federal laws, which specifically protect older
workers against discrimination based on age. |
|
What
is discrimination based on religion?

Religious discrimination is treating individuals differently in
their employment because of their religion, their religious beliefs
and practices, and/or their request for accommodation (a change
in a workplace rule or policy) of their religious beliefs and practices.
It also includes treating individuals differently in their employment
because of their lack of religious belief or practice. If you have
been rejected for employment, fired, harassed or otherwise harmed
in your employment because of your religion, your religious beliefs
and practices, and/or your request for accommodation of their religious
beliefs and practices, you may have suffered unlawful religious
discrimination. Title VII of the Civil Rights Act of 1964
is a federal law that protects individuals from discrimination based
on religion. Title VII makes it illegal for an employer to discriminate
against individuals because of their religion in hiring, firing,
and other terms and conditions of employment, such as promotions,
raises, and other job opportunities.
Title VII also requires employers to reasonably accommodate
the religious practices of an employee or prospective employee,
unless to do so would create an "undue hardship" upon
the employer. Flexible scheduling, voluntary substitutions or swaps,
job reassignments, and lateral transfers are examples of ways of
accommodating an employee's religious beliefs.
|
|
What
is sex or gender discrimination?

Sex or gender based discrimination is treating individuals differently
in their employment specifically because an individual is a woman
or a man. If you have been rejected for employment, fired, or otherwise
harmed in employment because of your sex or gender, then you may
have suffered sex or gender discrimination.
In everyday language as well as in the law, the terms
"gender" and "sex" are used inter-changeably,
but the two terms have different meanings. Social scientists use
the term "sex" to refer to a person's biological or anatomical
identity as male or female, while reserving the term "gender"
for the collection of characteristics that are culturally associated
with maleness or femaleness. Discrimination is generally illegal
regardless of whether it is based on sex, or gender, or both sex
and gender.
Title VII of the Civil Rights Act of 1964 is a federal
law that protects individuals from discrimination based upon sex.
This law makes it illegal for an employer to discriminate against
individuals because of their sex in hiring, firing, and other terms
and conditions of employment, such as promotions, raises, and other
job opportunities. |
|
|
What
is sexual harassment discrimination?

Sexual harassment is a form of employment discrimination based on
gender which is prohibited by law. Unwelcome sexual advances, requests
for sexual favors, and other verbal or physical conduct of a sexual
nature constitutes sexual harassment when:
- submission to the conduct is made either explicitly or implicitly
a term or condition of an individual's employment;
- submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such
individual; or
- such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile, or offensive work environment.
|
|
|
What
is national origin discrimination?

National origin discrimination is treating an individual differently
in their employment because of the country that individual or their
ancestors came from. If you have been rejected for employment, fired,
or otherwise harmed in your employment because of your birthplace,
ancestry, culture, or way of speaking (if it's common to a specific
ethnic group), you may have suffered unlawful national origin discrimination.
It is also against the law to discriminate against
an employee because of
- marriage to, or association with, persons of a national origin
group;
- membership in, or association with, ethnic promotion groups;
- attendance or participation in schools, churches, temples
or mosques generally associated with a national origin group;
or
- a family name associated with a national origin group.
Here are some examples of potentially unlawful national
origin discrimination:
- Affiliation: Harassing or otherwise discriminating
because an individual is affiliated with a particular religious
or ethnic group. For example, you are harassed because you are
Arab or practice Islam, or are paid less than other workers
because you are Mexican.
- Physical or cultural traits and clothing: Harassing
or otherwise discriminating because of physical, cultural, or
linguistic characteristics, such as accent or dress associated
with a particular religion, ethnicity, or country of origin.
For example, you are harassed by coworkers for wearing a hijab
(a body covering and/or head-scarf worn by some Muslims), not
hired because you have a dark complexion and an accent believed
to be African. Height and weight requirements can also be evidence
that an employer discriminates against a specific national origin,
if the requirements do not relate to the job.
- Perception: Harassing or otherwise discriminating because
of the perception or belief that a person is a member of a particular
racial, national origin, or religious group, even if the person
is not. For example, you're a Chinese woman not hired because
the hiring official believed that you were from Vietnam, or
you are a Sikh man wearing a turban harassed by a coworker because
the harasser thought you were Muslim.
- Association: Harassing or otherwise discriminating
because of an individual's association with a person or organization
of a particular religion or ethnicity. For example, you are
harassed because your husband is originally from Afghanistan,
or you are not promoted because you attend a mosque.
Title VII of the Civil Rights Act of 1964 is a federal
law that protects individuals from discrimination based upon national
origin. The Immigration and Nationality Act (INA), as amended by
the Immigration Reform and Control Act of 1986 (IRCA), is a federal
law covering almost all immigration matters. It protects individuals
from employment discrimination based on immigration or citizenship
status, and prohibits document abuse discrimination, which occurs
when employers request more or different documents than are required
to verify employment eligibility and identity, reject reasonably
genuine-looking documents, or specify certain documents over others.
While many other workplace laws also cover employees,
these are the main federal laws that protect workers against discrimination
based on national origin. |
|
|
What
is disability discrimination?

Disability discrimination means treating individuals differently
in employment because of their disability, perceived disability,
or association with an individual with a disability. Some examples
of disability discrimination include:
- discriminating on the basis of physical or mental disability
in various aspects of employment, including: recruitment, firing,
hiring, training, job assignments, promotions, pay, benefits,
lay off, leave, and all other employment-related activities.
- harassing an employee on the basis of his or her disability.
- asking job applicants questions about their past or
current medical conditions, or requiring job applicants to take
medical exams.
- creating or maintaining a workplace that includes substantial
physical barriers to the movement of people with physical disabilities.
- refusing to provide a reasonable accommodation to employees
with physical or mental disability that would allow them to
work.
If any of these things have happened to you on the
job, you may have suffered disability discrimination. If you have
a disability and are qualified to do a job, there are federal and
state laws protecting you from job discrimination, harassment, and
retaliation on the basis of your disability. You are also protected
if you are a victim of discrimination because of your association
(family, business, social or other relationship) with an individual
with a disability. The Americans with Disabilities Act of 1990 (ADA),
makes it illegal for private employers, state and local governments,
employment agencies, and labor unions from discriminating against
qualified individuals with disabilities in job application procedures,
hiring, firing, advancement, compensation, job training, and other
terms, conditions and privileges of employment. Sections of the
ADA not relating to employment address discrimination by governmental
agencies and in public accommodations.
The Rehabilitation Act makes it illegal to discriminate
on the basis of disability in programs conducted by Federal agencies,
in programs receiving Federal financial assistance, in Federal employment,
and in the employment practices of Federal contractors. The standards
for determining employment discrimination under the Rehabilitation
Act are the same as those used in the Americans with Disabilities
Act. |
|
|
What
is discrimination based on veterans status?

Discrimination based on veterans status occurs when an individual
differently in their employment because of the country that individual
or their veterans status (Vietnam era, Desert Shield Desert Storm
or disability). If you have been rejected for employment, fired,
or otherwise harmed in your employment because of your veterans'
status, you may have suffered veterans' status employment discrimination.
Gubernatorial Executive Order 99-25T, makes it unlawful
for an state of Ohio employers (i.e., executive agencies under the
purview of the Governor of the state of Ohio) to discriminate against
individuals because of their veterans status in hiring, firing,
and other terms and conditions of employment, such as promotions,
raises, and other job opportunities. |
What
is discrimination based on sexual orientation and gender identity?

Discrimination based on sexual orientation and gender identiy occurs when individuals are discriminated against based on actual or perceived sexual orientation or gender identity association. Individuals are protected pursuant to Gubernatorial Executive Order 2007-10S entitled Establishing Policy against Discrimination Based on Sexual Orientation or Gender Identity. |
How are sexual orientation and gender identity defined?

a. Sexual Orientation: A person’s actual or perceived homosexuality, bisexuality, or heterosexuality, by orientation or practice, by and between adults who have the ability to give consent.
b. Gender Identity: The gender of a person associates with him or herself, regardless of the gender others might attribute to that person. |
What
is discrimination based on military status?

Discrimination based on military status refers to service in the uniformed services, which is defined under Section 5903.01(G) of the Ohio Revised Code as performance of a duty, on a voluntary or involuntary basis, in a uniformed service under competent authority. This includes active duty, active duty for training, initial active duty for training, inactive duty for training, full-time national guard duty, the commissioned corps of the public health service, and any other category of persons designated by the president of the United States in time of war or emergency, and performance of duty or training by a member of the Ohio organized militia, and the period of time for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any duty in a uniformed service. Ohio law prohibits discrimination on the basis of an individual’s past, current or future military status in hiring, promotion, tenure, discharge, pay, fringe benefits, job training, classification, referral, terms, conditions and privileges of employment, or any other matter directly or indirectly related to employment. |
|
What
is discrimination based on other employment related issues?

Gubernatorial Executive Order 99-25T, Policy Against Discrimination
in State Employment ensures non discrimination and equity of opportunity
for employment for state of Ohio employees or job applicants in
the advancement in state government, including but no limited to
the area of hiring, promotion demotion transfer, recruitment, layoff,
termination, rate of compensation and in service training programs
based on the protected classes or other groups or classification
of persons that could be subject to discrimination but are not expressly
protected under the law.
|
|
|