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How to Avoid Being Sued for Discrimination: What Every Employer Should Know 
 
by Robbi Erickson September 06, 2005

Color

Discrimination based on color is often times confused with racial discrimination, however, in actuality it is slightly different. Discrimination based on color is often seen when the shade of skin is considered when making employment decisions. For example if only light-skinned African American applicants are hired, or only dark-skinned African American applicants are hired, color discrimination has occured. An employer may not be aware that they are making this distinction, and may even think that they are complying with affirmative action policies and anti-discrimination laws by hiring African American applicants. However, if a color preference is alleged by a person who was either not hired or who was terminated or denied a promotion because of their color, then the employer could get into some serious trouble.

Gender

Employment practices that give preferential treatment to one gender (sex) over another is also illegal based on the Civil Rights Acts of 1964 and 1991, and the Equal Pay Act of 1963. These acts prohibit employers from discriminating against one gender when making employment decisions. These acts do not, however, prohibit discriminatory practices against transsexuals.

Age

The Age Discrimination in Employment Act was created to protect workers over the age of 40 from being discriminated against. Therefore, with only a few exceptions, an employee can not be fired or forced into retirement simply because of his or her age.

Disability

Disability is another well-publicized discrimination issue. The Vocational Rehabilitation Act of 1972 was created to prevent the federal government from discriminating against people simply because of their disabilities. Employers that are not a part of the federal government and that have more than 15 employees are ruled by the Americans with Disabilities Act of 1990 which also prohibits discriminatory employment practices aimed at the disabled. The ADA also requires that employers make "reasonable" accommodations for people with disabilities so that they are able to work. The reasonableness of the accommodations are limited to those that the company can afford without incurring "undue hardship."

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