Discriminatory Practices: An Overview

In simple words, discrimination refers to the treatment made to a person or a certain class of person

. The apartheid in South Africa and the persecution of Jew in Nazi Germany can be cited as an example. Discrimination still exists today and in several forms.

Some common forms of discrimination are:

Age- It implies discriminatory behavior based on age. There is protection for people above the age of 40 as per Age Discrimination in Employment Act. However, there is no legal cover as such for people below 40.

Disability- A simple example will suffice in this regard. A cancer patient whose disease is on the verge of remission or under control. Americans are covered under the disabilities act or rehabilitation act. Federal employees and applicants are covered under the act mentioned latter.

Equal pay and/or compensation- Here in USA job duties will determine whether the job is equal or not and not the job title. In case of discrimination an employer will have to face punishment as per law.

Genetic information- Discriminatory behavior on the basis of genetic information is totally banned. This is in accordance to the Genetic Information Non-Discrimination Act (title-II). The act has already taken effect from November, 2009. Genetic information doesnt tell anything about an employees current ability to work.

National origin- The Immigration Reform and Control Act (1986) prevents an employers decision regarding hiring, firing, etc decisions based on the immigrant status of an employee.

Pregnancy- Family and Medical Leave Act takes care of the additional rights than a pregnant employee is entitled. There is special provision with respect to break hours for pregnant women as per F.L.S.A.

Race and color- Differentiating one employee from another employee based on their racial origin, skin color. USA is a melting pot where all different cultures unite into a common American culture.

Religion- The discrimination may be inflicted directly to a person or to that person because he or she is married to another religious group.

Retaliation- Whistle blowing is an activity which results in retaliatory action from the management.

Sexual harassment- This type of behavior includes sexual advances oral and visual, asking for sexual favor against something.

In USA discrimination in any form is illegal and hence draws punishment. Government has several supervisory organizations to ensure that discrimination doesnt take place. For example the Equal Employment Commission ensures that discrimination doesnt take place in any workplace across USA.

In case there is any type of discrimination in New Jersey, it is important to contact a New Jersey Discrimination lawyer. This is because all offences are covered under the statute of limitation. Moreover, you must record evidence against the offender before filing a lawsuit.

Find New Jersey Lawyers specializing in the different fields of US law. This directory offers individuals and organizations an easy opportunity to find a competent lawyer or law firm in your vicinity.

by: Ashley Smith

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