Title VII of the Civil Rights Act of 1964 (Title VII):
This federal law prohibits employers from discriminating against employees based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), or national origin.
New York State Human Rights Law (NYSHRL):
Similar to Title VII, the NYSHRL extends protections to workers throughout New York State, covering additional categories such as age, gender identity, military status, marital status, height, weight, and immigration or citizenship status.
New York City Human Rights Law (NYCHRL):
Providing one of the broadest protections against discrimination, the NYCHRL requires only that an employee demonstrate differential treatment—that the employee was treated “less well” than others in similar situations due to a discriminatory intent. This law is significant because it lowers the burden of proof for employees, making it easier to assert claims of subtle discrimination that might not qualify as adverse actions under other laws.
Florida Civil Rights Act (FCRA):
This state law mirrors many of the protections found in Title VII but is applicable within Florida. It also includes protections against discrimination based on marital status and HIV status, expanding the scope of who is protected under state law.
Equal Pay Act of 1963 (EPA):
Part of the Fair Labor Standards Act, 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. It is also illegal to lower wages for one gender in order to equalize pay between men and women.
Americans with Disabilities Act (ADA):
The ADA prohibits discrimination against individuals with disabilities in all areas of employment. It ensures that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life, particularly in the workplace.
Key aspects of the ADA include:
- Reasonable Accommodations: If you have a disability, your employer is required to work with you to find an accommodation(s) that allow you to perform your job duties, unless your employer can demonstrate that the accommodation would cause an undue hardship to the business.
- Confidentiality and Respect: Your medical condition or history must be handled with confidentiality by your employer.
Age Discrimination in Employment Act (ADEA):
The ADEA protects employees and job applicants who are 40 years of age or older from discrimination based on age in any aspect of employment. This is crucial as it helps ensure that your value and contributions to the workplace are respected, not undermined by age bias.
Disparate Treatment (Intentional Discrimination)
Disparate treatment occurs when an employer treats an employee(s) less favorably than similarly situated employees because of their race, color, religion, sex, pregnancy, age, disability, national origin, or other protected characteristic. To prove disparate treatment, an employee must show that the employer’s actions or conduct were based on a discriminatory motive.
The discriminatory motive behind an employer’s conduct may be shown through direct or circumstantial evidence. An example of direct evidence is an email, text or other instant message from a supervisor stating that an employee needed to be fired because she is pregnant. Direct evidence of discrimination and rare and most cases are proved through circumstantial evidence.
Circumstantial evidence is used to piece together a narrative that makes sense based on the facts presented. Below is a hypothetical example of how circumstantial evidence may be used to prove unlawful discrimination:
Hypothetical Scenario:
Imagine an employee, Maria, who is a 55-year-old woman of Hispanic descent. She has worked at her company for 10 years and has consistently received positive performance reviews. However, after a new manager, Robert, is hired, things start to change for Maria.
Potential Evidence:
- Change in Treatment: Prior to Robert’s arrival, Maria was involved in high-profile projects and was often praised for her contributions. After Robert becomes her manager, she notices that she’s no longer assigned to these important projects and instead is given routine, less challenging tasks.
- Performance Reviews: Despite her history of excellent performance, Maria’s first review under Robert notes a sudden decline in her performance, criticizing her for issues never previously mentioned. No concrete examples are provided to substantiate these claims.
- Age and Ethnic Remarks: Maria and co-workers testify that they have heard Robert make several dismissive remarks about “older employees slowing down” and making stereotypical comments about Hispanics. These remarks were made in casual conversations and not directly addressed to Maria.
- Promotions and Layoffs: It becomes known that younger, less experienced non-Hispanic employees are promoted over Maria despite her seniority and previous performance trajectory. Additionally, during a round of layoffs, older employees, including Maria, are disproportionately affected.
Inference from Circumstantial Evidence:
In this case, there is no direct evidence of discrimination (i.e. Robert stating that he is discriminating against Maria because she his Hispanic and/or over 40 years old). However, the circumstantial evidence demonstrating discrimination includes the sudden negative shift in Maria’s performance reviews, the inappropriate remarks made by Robert, the assignment of less significant tasks, and the pattern observed in promotions and layoffs. This evidence can be pieced together to infer that Maria’s age and ethnic background may have played a role in how she was treated, suggesting potential unlawful discrimination.
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