The act of discriminating
What is discrimination?
The act of discriminating is an act of treating, considering, or making a distinction against or for a particular person or group, or category to which that person or group supposedly belongs. There are different types of discrimination, such as:
- Genetic Information
- National Origin
- Sexual Harassment
Age discrimination includes treating an individual such as an employee or applicant less favorably because of her or his age. The Age Discrimination in Employment Act also recognized that ADEA does not allow age discrimination against people who are 40 years old and above. Hence, it does not protect employees who are below 40 years old. However, certain states have laws that protect young employees from age discrimination.
Moreover, it is not illegal for an employer or other covered entity to support an older worker compared to a younger employee. There are chances of discrimination to take place when the victim and the individual who is performing the discrimination are both over the age of 40.
Some laws restrict age discrimination when it comes to certain aspects of employment, which include hiring, firing, pay, job assignments, promotions, training, fringe benefits, etc. It is illegal to harass anyone because of her or his age. Factors that are included in the category of harassment are treating others badly by passing rude comments about the victim’s age.
The Age Discrimination in Employment Act does not restrict simple teases, offhand comments, or isolated incidents that are not so serious. Harassment becomes illegal when it is often or so serious that it creates a violent or offensive work environment or when it leads to an opposite employment decision such as demoted or dismissal.
Disability discrimination means treating individuals differently during employment because of their disability, perceived disability or association with a person with a disability. For instance:
- Discriminating an individual based on their mental or/ and physical disability in different forums during employment.
- Harassing an employee because of her or his disability.
- During an interview asking a candidate questions about her or his past or current medical conditions, or asking job applicants to go through medical tests.
- Making or maintaining a workplace that consists of extensive physical barriers to the movement of people with physical disabilities.
- Rejecting an employee a reasonable accommodation due to her or his disability that would allow them to work.