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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 what is known as an individual's "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 an employee with the same skills, same performance, same experience and same responsibilities as another employee cannot be paid differently merely because he or she is of a different race.
Racial discrimination in the workplace is not limited to hiring and firings. Promotions, pay raises, job assignments, overtime, recall or any other term or condition of employment is protected, and those decisions cannot use race as a factor. A court will look 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 that African Americans are protected while Caucasians are not. What it is intended to mean is that because race is a protected class, any time race factors into a decision 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, underpaid 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 injured by the 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 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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