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It is not required by law that all employees be treated equally. Employees hired at different times, with different backgrounds and qualifications may be paid and treated differently in the workplace. It is illegal, however, to treat employees differently based on an individual's membership in a "protected class". The protected classes as defined by federal and state law are: sex, race, religion, national origin, physical or mental handicap, age, and perhaps personal appearance and sexual orientation. For example, this means that two employees with the same skills, same performance, same experience and same responsibilities cannot be paid differently merely because they are of different ethnicity or national origin.
Ethnic and national origin discrimination in the workplace is not limited to hiring and firings. Promotions, pay raises, job assignments, overtime, recall and all other terms or conditions of employment are protected; those decisions cannot use religion as a factor. The court looks at four factors when determining whether you have a discrimination case:
1. Are you a member of a protected class?
The term "protected class" does not refer to a specific group of people. For instance, this term is not meant to imply one ethnicity is protected while another is not. What it is intended to mean is that because ethnicity and national origin are protected classes, any time they factor into decisions made about your employment, you are a member of a protected class.
2. Are you qualified for the job?
Qualification is a legitimate basis for employment decision. Therefore, it is important to any discrimination case, that you prove you were sufficiently and/or equally qualified for the job.
3. Were you terminated, suspended, demoted, not paid fairly, or held back because you are a member of a protected class?
There must be a relationship between your membership in a protected class and the decision making process of the employer.
4. Were you damaged by that discrimination?
There must be an adverse effect on you, the employee. Lost wages and emotional suffering are two examples of adverse effects.
If you feel that you have been subjected to discrimination based on your ethnicity or national origin in the workplace, and you have suffered damages as a result, you may benefit from a consultation with an attorney at the Zipin Law Firm.
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