Federal, state, and local laws prohibit discrimination based on race, sex, age, religion, or disability. Understanding the differences among these anti-discrimination laws is important, as they may cover different types of discrimination or protect specific groups. These distinctions can influence where a discrimination claim should be filed.
Race
Employers are not allowed to discriminate against employees or applicants based on actual or perceived race. If an employer's decision not to hire, promote, or retain you is influenced by race, this may qualify as race discrimination. Additionally, race should not be a factor in decisions regarding work hours, wages, or the creation of a hostile work environment. Employers are also prohibited from circulating discriminatory messages or advertisements.
National Origin
Discrimination based on birthplace, ancestry, national culture, or accent is not permissible. While employers may require English proficiency, this requirement must be necessary for conducting business. In such cases, they must communicate when English is required and the implications of not adhering to this requirement.
Sex
Sex discrimination encompasses gender discrimination, sexual orientation discrimination, and sexual harassment. Employment decisions, such as hiring, firing, and promotion, must not be influenced by an individual's gender or sexual orientation, which includes actual or perceived homosexuality, bisexuality, or asexuality. This area of employment law is evolving, with decisions pending on whether "gender identity" falls under the definition of "sex" discrimination under Title VII of the Civil Rights Act.
Unwanted sexual advances or conditions of employment linked to sexual conduct may constitute sexual harassment. Additionally, if an employer's sexual behavior negatively impacts your job performance or creates an intimidating, hostile, or offensive work environment, this could be grounds for a sex discrimination claim. Impacts from inappropriate sexual conduct at work, even if not directed at you, can also be actionable.
Disability
Employment discrimination based on physical or mental disabilities or medical conditions is addressed by various laws. While the protections can vary, one common requirement is that employers must provide reasonable accommodations to enable employees with disabilities to perform their job functions adequately.
Age
Age discrimination in employment decisions such as hiring, firing, promotion, and training is illegal. Employers should not specify age preferences in job listings unless age is a "bona fide occupational qualification" (BFOQ), which is rare and typically necessary for the employer's business. While employers can request an applicant's age or date of birth during the application process, they must adhere to anti-discrimination regulations.
Retaliation
Laws protect employees from retaliation for reporting or filing a discrimination claim. Employees assisting or testifying in related proceedings are also protected. Furthermore, participation in a union or reporting unfair labor practices should not lead to retaliation from employers.
Contact Us
If you have any questions regarding employment discrimination in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
