To be a victim of discrimination in the workplace can be challenging to prove, yet it is necessary to act as soon as possible before the situation deteriorates. We tell you everything you need to know to remedy this situation and obtain redress!
What is discrimination?
Labor laws define the possible grounds for discrimination and also differentiate between direct and indirect discrimination.
Discrimination is basically treating a person differently because of their origin, religious affiliation, gender, age, sexual orientation, political opinions, genetic characteristics, state of health, financial or family situation, or union activities.
The law recognizes the principle of indirect discrimination, which is discrimination disguised under a practice that may appear neutral at first glance. This allows discrimination to be detected when it is hidden or even unintentional.
Note: Discrimination can be the act of all employees in a company, not just the employer.
How to recognize a situation of discrimination?
When you are a victim of discrimination, it can be challenging to realize it, primarily to provide the elements that prove it. The employee is the victim of discrimination from the moment he is treated differently from others.
Thus, no employee may be excluded from a job interview or be dismissed for discriminatory reasons. Neither can he be penalized in terms of remuneration, training, reclassification, transfer, promotion, or contract renewal.
In addition, the employer must respect the privacy of its employees and cannot collect information such as membership of a political party, religion, or concerning sexual orientation.
Namely: disabled workers benefit from special measures allowing them to carry out their work tasks. Incompetence in implementing these standards would constitute discrimination.
The employee who reports acts of discrimination can in no case be sanctioned.
The authorized differences in treatment
Specific differences of treatment are authorized in so far as they are justified by legitimate reasons:
- The job can only be taken on by a woman or a man (fashion photos, the role of woman/man in the theatre or the cinema).
- The health of the worker is threatened (pregnant employee, too young or too old).
- Some people are given priority thanks to a subsidized or professionalization contract.
Conclusion: You can file a complaint or take the matter to Court if you are a victim of discrimination. To take the case up to Court, you need to be represented by the best attorneys like White Plains Employment Discrimination Attorneys so that you end up winning, so choose wisely!