EEOC Statistics
A 2020 report released by the U.S. Equal Employment Opportunity Commission, whose job it is to enforce federal laws prohibiting employment discrimination, showed 67,448 charges of workplace discrimination in the following categories:
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Retaliation: 37,632
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Disability: 24,324
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Race 22,064
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Sex: 21,398
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Age: 14,183
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National Origin: 6,377
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Color: 3,562
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Religion: 2,404
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Equal Pay Act: 980
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Genetic Information: 440
These staggering numbers illustrate the prevalence and seriousness of employment discrimination, as well as the need to protect workers from discriminatory practices. Unfortunately, not all claims are reported. Further, not all reported cases result in a favorable outcome for the employee.
Federal Laws
There are several federal laws that protect employees from discrimination:
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Title VII of the Civil Rights Act (Title VII)
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Equal Pay Act of 1963 (EPA)
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Age Discrimination in Employment Act of 1967 (ADEA)
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Title I and Title V of the Americans with Disabilities Act of 1990 (ADA)
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Sections 501 and 505 of the Rehabilitation Act of 1973
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Title II of the Genetic Information Discrimination Act of 2008 (GINA)
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Civil Rights Act of 1991
Collectively, these laws protect employees and job applicants from being discriminated against by employers with 15 employees or more on the basis of:
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Race
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Color
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Religion
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Sex (including pregnancy, gender identity, and sexual orientation)
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National origin
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Age (40 or older)
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Disability
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Genetic Information
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Military status
Discrimination on the above bases is prohibited in all forms, including:
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Unfair treatment
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Harassment
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Denial of a reasonable workplace accommodation
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Retaliation
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And more
Arizona State and City Laws
States also protect Arizona workers from employment discrimination. The Arizona Civil Rights Act (ACRA) provides the same protections as Title VII with a few notable additions:
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Like federal law, the ACRA protects pregnant workers from discrimination; however, instead of only applying to employers with 15 employees or more, the state law protects all pregnant employees regardless of the size of the business
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Expanded protections to include LGBTQ+ employees exist in 9 cities:
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Glendale
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Phoenix
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Tucson
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Mesa
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Scottsdale
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Tempe
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Flagstaff
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Sedona
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Winslow
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The city of Tucson has adopted the CROWN act, which protects workers’ rights to have natural hair
The safeguards added to federal law by state and local laws give workers an extra layer of protection against employee discrimination and additional avenues to pursue recompense.
Examples of types of discrimination include discrimination in hiring, termination, disciplinary actions, harassment, retaliation, leave, reasonable accommodations and more based on:
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Sex
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LGBTQ+ grounds
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Race
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Color
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Religion
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Pregnancy and related conditions
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Military status
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Disability
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Genetic information
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National origin
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Age
Q&As
Age Discrimination
Q: How does the Age Discrimination in Employment Act protect workers from discrimination? A: The Age Discrimination in Employment Act (“ADEA”) is a federal law enforced by the U.S. Equal Employment Opportunity Commission (“EEOC”) that forbids U.S. employers with 20 or more employees, state and local governments, employment agencies, labor organizations, and the federal government from discriminating against employees and job applicants based on age.
Q: At what stage of the hiring process are workers protected from age discrimination? A: The ADEA provides protection for workers who are age 40 or older from discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment. Additionally, an employment practice or policy that applies to all workers, regardless of age, can be unlawful if it has a negative impact on applicants or employees age 40 or older, and is not based on a reasonable factor other than age.
Q: Can age-based harassment be a form of discrimination? A: Yes, age-based harassment is prohibited and can include offensive or derogatory remarks about a person's age. While the law does not cover simple teasing, offhand comments, or isolated incidents that aren’t severe, these actions can escalate to harassment if they become pervasive or severe enough to create a hostile or abusive work environment, or if they significantly alter the conditions of an employee's workplace.
Q: Can an employer or prospective employer ask a worker’s age? A: Federal law does not prohibit employers or prospective employers from asking an applicant's age or date of birth, as long as it is for lawful purposes.
Q: Can workers be punished for reporting age-based discrimination? A: No. The ADEA "makes it unlawful for an employer to retaliate against an employee for opposing the employer’s discriminatory practices or participating in any investigation or proceeding under the ADEA."
Q: How soon does a worker have to file a charge of age-based discrimination? A: A worker must file a charge of discrimination with the EEOC or Arizona Civil Rights Division within 180 days from the day the discrimination took place. However, in Arizona, the 180 calendar day filing deadline is extended to 300 calendar days because the Arizona Civil Rights Act prohibits employment discrimination on the basis of age.
Q: What remedies are available for age-discrimination claims? A: The ADEA allows for remedies such as back pay, front pay, reinstatement and liquidated damages in cases of unlawful age discrimination.
Pregnancy Discrimination
Q: What protections are there for pregnant workers? A: Pregnant employees have protections under both federal and state law. Federal protections include, The Pregnancy Discrimination Act (PDA), which is an amendment to Title VII of the Civil Rights Act of 1964, The Pregnant Workers Fairness Act (PWFA), and the ADA. The PDA prohibits discrimination on the basis of sex, which includes pregnancy, childbirth or related medical conditions.The PWFA protects workers with known limitations related to pregnancy, childbirth, or related medical conditions who seek accommodation in the workplace. The ADA prohibits discrimination against an applicant or worker based on a disability, including those related to pregnancy. It is unlawful for an employer to not make reasonable accommodations unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business. State law protections include the Arizona Civil Rights Act (ACRA), which also prohibits discrimination based on sex, which includes pregnancy.
Q: What types of actions or conduct are pregnant workers protected from? A: Employers are prohibited from discriminating against pregnant workers in the hiring or job selection process, in regards to pay, job assignment, promotions, training opportunities, benefits, termination, reduction of hours, layoff, etc. Employers are also prohibited from harassing pregnant workers because of the pregnancy, childbirth or because of a pregnancy-related physical or mental disabilities. Furthermore, it is unlawful for an employer to interfere with a worker accessing accommodations due to pregnancy and the employer is prohibited from interfering with access to those rights.
Q: What kind of accommodations are considered reasonable? A: "Reasonable accommodations" refer to adjustments made in the work environment or the way tasks are typically performed to support employees with disabilities. The EEOC has consistently held that the following accommodations are reasonable in most situations: allowing an employee to keep water nearby and drink as needed, permitting additional restroom breaks, providing the option for employees who are required to stand to sit (or vice versa) as needed, and granting breaks for eating or drinking as required. Additional accommodations may include, changing equipment, devices or workstations such as providing a stool to sit, teleworking, temporary reassignment to another role, leave for health care appointments, light duty to prevent heavy lifting, etc. Importantly, an employer does not have to provide a reasonable accommodation if the employee can prove it creates an undue hardship.
Q: How must workers request pregnancy-related accommodations? A: The worker must make the employer aware that an accommodation is needed. This can be done in writing, orally, or any other manner acceptable to the employer. The employer can request a note or document from the worker’s doctor indicating any limitations and needed accommodations. An employer requesting and reviewing this information is engaging in the “interactive process” meaning they are working with the worker to see what, if any, accommodations are feasible.
Q: What must be proven to demonstrate pregnancy discrimination? A: An employee must prove that (1) the employee belongs to a protected class; (2) the employee was qualified for the position; (3) the employee was subjected to an adverse employment action; and (4) similarly situated employees outside the protected class were treated more favorably.
Q: Can an employer require a pregnant worker to go on leave? A: No. Employers must permit pregnant workers to work as long as they are able to perform their job duties.
Q: What does it mean if a worker is treated differently after announcing a pregnancy? A: Differential treatment in the context of pregnancy discrimination refers to the unfair or unfavorable treatment of an employee based on their pregnancy, childbirth, or related medical conditions. The law requires that pregnant employees be treated with the same consideration as any other employee with a temporary disability. Differential treatment can indicate employer adverse action. Adverse action significantly changes employment status or benefits, negatively affecting an employee, and can be a viable legal claim against an employer. You may file a claim with the EEOC or the AZCRD within 300 days from the adverse action.
Disability Discrimination
Q: How does the Americans with Disabilities Act (“ADA”) protect workers from discrimination? A:The ADA protects workers from discrimination based on disability in all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other terms or conditions of employment. It also limits an employer's ability to make disability-related inquiries or require medical examinations. Any such inquiries or examinations must be job-related and consistent with business necessity. The ADA prohibits harassment of employees or applicants based on a current or past disability, or on an actual or perceived physical or mental impairment that is not transitory or minor. Additionally, the ADA protects employees from discrimination for associating with someone with a disability. If an employee asserts their rights under the ADA, they are protected from retaliation by their employer. The ADA also prevents employers from interfering with a worker’s exercise of these rights.
Q: Which employers does the ADA apply to? A: The ADA applies to employers that have 15 or more employees. This includes: private employers, state and local governments, employment agencies, labor organizations, and labor-management committees.
Q: Does an employer have to provide accommodations? A: An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities.
Q: What constitutes an undue hardship? A: Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.
Q: What disabilities are covered under the ADA? A: A wide variety of disabilities are covered under the ADA. Generally, to be protected under the ADA, you must have a record of, or be regarded as having a substantial impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.
Q: Does a worker have to disclose a disability? A: If a reasonable accommodation might be needed in order to participate in the application process or to perform essential job functions, an employee should inform the employer that an accommodation will be needed. Employers are required to provide reasonable accommodation only for the physical or mental limitations of a qualified individual with a disability of which they are aware. Generally, it is the responsibility of the employee to inform the employer that an accommodation is needed.
Q: What does “a qualified individual” mean? A: Under the ADA, essential functions refer to the fundamental duties of a job that an employee must be able to perform, with or without reasonable accommodation. An employee must be qualified to perform the essential functions or duties of a job, in order to be protected from job discrimination by the ADA. This means an employee must satisfy the employer's requirements for the job, such as education, employment experience, skills or licenses and must be able to perform the essential functions of the job with or without reasonable accommodation.
Q: Where does a worker report disability discrimination? A: A charge of disability discrimination can be filed with either the EEOC or the Arizona Civil Rights Division. In Arizona, this must be filed within 300 days of the alleged harm or adverse action.
Q: Can a worker sue their employer for disability discrimination? A: The ADA requires workers to file a Charge of Discrimination with the EEOC before the worker can file a job discrimination lawsuit against their employer
General Discrimination
Q: How can employees identify signs of discrimination at their workplace? A: Unlawful discrimination refers to the unfair or unequal treatment of an individual based on a protected characteristic, such as race, color, religion, sex, national origin, age, disability, or gender. Discrimination can sometimes occur covertly, making it difficult to spot or prove. However, there are certain signs to watch for. One indicator is being treated differently than similarly situated peers outside your protected class. This could include being held to higher performance standards for the same role, expected to work longer hours, or not being given the same resources to perform your work. Another red flag is being excluded from meetings, social events, or communications relevant to your role. Unequal pay for the same position, especially if your qualifications are the same or superior, may also suggest discrimination. Similarly, being consistently denied promotions or training opportunities that are available to similarly situated colleagues could point to discrimination, particularly if the denial is based on your protected class status. Other signs include being denied a reasonable accommodation for a disability or pregnancy, facing termination or layoff due to your protected class status, and/or derogatory comments or jokes related to your race, religion, sex, age, or other protected characteristics. If you feel you are being mistreated or treated differently, consider whether the treatment might be related to your protected class status to determine if it constitutes unlawful discrimination.
Q: What steps should an employee take if they believe they have been a victim of discrimination at work? A: If you believe you have been a victim of discrimination at work, there are several steps you should take. First, document any instances of discrimination, including the date, time, parties involved, witnesses (if any), and collect any evidence you have including emails, texts messages, physical documents and recordings. If your employer has an employee handbook, review the anti-discrimination section for any internal policy and gather information about how discrimination is handled by Human Resources. Next, consult with an attorney to learn your rights and receive a legal assessment of whether a violation of your rights has occurred, as well as any potential recourse. An attorney can advise you on whether you can file a charge with the EEOC or AZCRD or if there are alternative methods to resolve your complaint. If you experience retaliation after taking any action, document the incident(s) and speak with your attorney immediately.
Q: How does Title VII of the Civil Rights Act protect workers from discrimination? A: Title VII of the Civil Rights Act prohibits employment discrimination based on race, religion, national origin, color, sex (including gender, gender identity, pregnancy and sexual orientation). It is unlawful for an employer to take an adverse action, such as terminating, refusing to hire, demoting or refusing to promote a worker based on any of the above-listed protected characteristics. It is also unlawful for an employer to treat a worker differently based on their protected characteristic. Employer policies cannot negatively impact workers in a protected class, not even unintentionally. Furthermore, an employer is prohibited from retaliating against a worker when they assert their rights, including when a worker files a discrimination charge, opposes an employer action that is unlawful or for participating or testifying in an investigation or proceeding related to an employer’s violation of the law.
Q: How do you prove discrimination? A: How discrimination is proven depends on the specific claim and the laws that protect the worker. For example, Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, religion, national origin, color, or sex (including gender, gender identity, pregnancy, and sexual orientation). To prove a Title VII claim, an individual must show the following: (1) they belong to a protected class, (2) they are qualified for the position, (3) they were subjected to an adverse employment action (such as termination, refusal to hire, or demotion), and (4) similarly situated employees outside the protected class were treated more favorably. To prove discrimination based on disability under the ADA, a worker must demonstrate the following: (1) they are disabled, (2) they can perform the essential functions of the job, and (3) the employer either failed to provide a reasonable accommodation, failed to engage in the interactive process where a reasonable accommodation was possible, or terminated the worker because of their disability. Age-based discrimination, protected under the ADEA, can be proven through either direct evidence or by using the "McDonnell Douglas" test with circumstantial evidence. Direct evidence, though rare, might include comments like an applicant being deemed "too old" for the job. Under the McDonnell Douglas test, a worker can show they are in the protected age group (40 and older), performed satisfactorily, were terminated despite adequate performance, and that their position was filled by someone younger.
Q: Are there specific laws that protect employees from discrimination based on race or ethnicity? A: Yes, Title VII of the Civil Rights Act of 1964 protects employees (not independent contractors) based on race and ethnicity. The Arizona Civil Rights Act, A.R.S. § 41-1463 also provides workers protection, which essentially mirrors Title VII. Additionally, the government Employee Rights Act (“GERA”) of 1991 prohibits race and ethnicity-based discrimination for certain government employees.
We Protect Arizona Employees’ Rights
At Robinson Law Offices, we believe that every Arizona employee has the right to be free from discrimination in the workplace. That’s why we pride ourselves on our commitment to protect workers and their jobs from illegal practices.
We offer one-on-one consultations with an experienced Arizona employment lawyer and specialized knowledge of federal, state and local laws. To schedule a consultation with an employment discrimination lawyer, contact our office today.