Discrimination in employment law consists of taking employment-related actions against an employee on the basis of age, race, color, religion, origin national or gender. The categories listed are known as protected classes. Employers may not use employees' membership in a protected class when deciding how to treat employees (Disparate Treatment) or when making decisions about promotions or advancement (Disparate Impact). Some federal laws only apply to businesses that employ a certain number of people. The following case is an example of the reasonableness test applied by the courts in a discrimination case. If employees are harassed by co-workers, supervisors, or agents of the employer because of an employee's membership in a protected class, the employer may be vicariously liable for engaging in discrimination and creating a hostile work environment. Gender discrimination is the most common form of harassment and is the most common type of discrimination lawsuit filed. Even if employee harassment is committed without the employer's knowledge, the employer can be held liable. The employer can also...
tags