Читать книгу Employment Law Update - Jonathan Ingber - Страница 16

When an applicant or employee is a member of a protected class, the applicant or employee will have rights under federal or state laws, or both, which are intended to protect the applicant or employee from unlawful discrimination or harassment based on membership in the class.⁹ Federal and some state laws broadly define protected classes as encompassing the following:

 National origin or ancestry

 Physical or mental disability, or medical condition

 Race or color

 Religion or creed

 Family or marital status

 Age

 Sex or gender

 Genetic information

 Veteran's status

 Sexual orientation

When (a) an applicant is a member of a protected class and is denied employment, or (b) a current employee who is a member of a protected class is terminated, denied promotion, suffers a decrease in compensation or benefits, or is demoted, the applicant or employee may file a complaint with the EEOC or equivalent state agencies seeking damages for denial of employment or other adverse actions. In general, an applicant denied employment must show that he or she was at least as well qualified as the least qualified successful applicant who is not a member of the protected class.

A well-run employer will know that dealing with members of a protected class requires the employer to exercise “special care.” This does not mean that the employer cannot fire or take adverse employment action against members of a protected class, but doing so can involve an increased risk of claims or allegations that the employer may encounter — especially if the employer or supervisor mishandles the situation.