What is Employment Discrimination?

In the U.S., employment discrimination occurs whenever an employer or its representatives adversely single out employees or applicants on the basis of age, race, gender (sex), sexual orientation, disability, religion and a variety of other reasons. According to the U.S. Equal Employment Opportunity Commission (EEOC), employers can't discriminate against you in any aspect of employment, such as:

• Hiring and firing
• Compensation, assignment, or classification of employees
• Transfer, promotion, layoff, or recall
• Job advertisements
• Recruitment
• Testing
• Use of company facilities
• Training and apprenticeship programs
• Fringe benefits
• Pay, retirement plans, and disability leave

But to be "illegal" discrimination, your employer must be in violation of a specific state or Federal law (statute), regulation or constitutional provision. Otherwise, you are not "generally" protected.

For example, if your boss seems to be much harder on you than anyone else for no apparent reason, while it's unethical behavior for a boss, it's not discrimination by law. But if he or she is extra hard on you for a reason that's protected by law, such as your religion, age or sex, then it's illegal.

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