Employees come in all shapes and sizes. Some are young or old; some are in perfect health or a few medical conditions. Whatever the case, these characteristics should have little or no importance in the workplace as long as the applicant is able to do their job as well or better than any other employee. Two forms of common discrimination in the workplace deals with age or disability.
Age Discrimination
Age discrimination is just as prohibited as any other form of discrimination in the workplace. The government has set forth The Age Discrimination in Employment Act (ADEA) that ensures employers follow a certain set of guidelines for older employees. Examples of age discrimination include:
- An employer forces an employee to retire or fires the employee after a certain age even though the employee is still fully capable of performing the required job duties.
- An employee over a certain age is discontinued from the employer’s benefit plan or has a reduction in compensation without a pertinent reason.
- Employees 40 years or older are excluded from job opportunities such as promotions, bonuses, etc.
- An employer passes over an older applicant for a younger applicant who has less experience or qualifications than the older applicant.
- Employers are required to treat employees of all ages equally. Using comments such as “grandpa/ma, old-timer, etc.” is considered harassment and a violation of the employees rights.
Disability Discrimination
The government has acknowledged that some forms of disability do not interfere with a person’s ability to work. There for laws such as The US Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA) have been put into effect to protect those with disabilities from being treated unfairly in the workplace. Examples of discrimination of a disability include:
- An employer refuses to hire an application that has a disability, such as a being in a wheel chair, though the applicant can perform all tasks required in a timely and adequate manner.
- An employer deliberately harasses or singles out a disabled employee from opportunities such as promotions or any company gathering.
- An employer is violating the disabled employee’s right if he or she asks irrelevant questions pertaining to the employee’s disability, medical history, or if they require a physical with no grounds for the exam.
Dealing with situations like these can be challenging, however, companies have departments that are regulated to handle these disputes. All employees have the right to file a report with the human resources or specified department. A company is required by law to follow up with the dispute, and provide the employee with any information regarding their company policies and regulations.
Additional Legal Resources: Age Discrimination and Disability Discrimination resources. Serving Florida.