Title VII Information
Discrimination by Type
Age discrimination involves treating someone (an applicant or employee) less favorably because of his age.
It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.
Disability discrimination occurs when an employer treats a qualified individual with a disability unfavorably because of disability, history of disability "such as cancer that is controlled or in remission," or because of perceived disability. The law requires an employer to provdie reasonable accomodations to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship.")
The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal. This law covers all forms of pay. If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay.
Under Title II of Genetic Information Nondiscrimination Ace (GINA), it is illegal to discriminate against employees or applicants because of genetic information including medical or family history. The act also prohibits the use of genetic information in making employment decisions, restricts employers from requesting, requiring, or purchasing genetic information and strictly limits the disclosure of genetic information.
National origin discrimination involves treating applicants or employees unfavorably due to their nation of origin, including ethnicity, accent, or the appearance of a particular ethnic background, even if the presumed ethnicity is incorrect.
Discrimination can occur when the complaintant and the accused are of the same national origin.
Pregnancy discrimination involves treating a woman (applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
Race discrimination involves treating someone (applicant or employee) unfavorably because of race or personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of their skin color or complexion.
Discrimination can occur when the complaintant and the accused are of the same race or color.
Religious discrimination is the unfair treatment of someone (applicant or employee) unfavorably based on their religious beliefs. The law safeguards individuals with traditional, organized faiths, as well as those with other sincerely held ethical or moral beliefs.
For example, it is illegal for an employer to refuse to promote an employee because she filed a charge of discrimination with the EEOC, even if EEOC later determined no discrimination occurred.
Sex discrimination involves treating someone (applicant or employee) unfavorably because of that person’s sex.
It is unlawful to sexually harass someone (applicant or employee). Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other visual, verbal, or physical harassment of a sexual nature.
Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The accused can be the complaintant's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. All supervisors or managers are required to notify the Contract Compliance Division, Compliance Manager, immediately when made aware of possible sexual harassment.
