Types of Prohibited Employment Practices

U.S. Equal Employment Opportunity Commission (EEOC) enforces laws that protect employees and job applicants from discrimination in all aspects of employment. It’s important for both employees and employers to understand EEOC prohibited employment practices.

These prohibited employment practices include:

According to EEOC, “laws enforced by EEOC prohibit an employer or other covered entity from using neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), or national origin, or on an individual with a disability or class of individuals with disabilities… or have a disproportionately negative impact on applicants or employees age 40 or older…” 

• With this in mind, it’s illegal for employers to publish job advertisements that say or show a preference for someone or discourages someone from applying to that job because of their race, color, religion, sex, national origin, disability, or age.

• It’s illegal for employers to discriminate against someone because of their race, color, religion, sex, national origin, disability, or age, when recruiting new employees or hiring job applicants.

• When deciding on job referrals, job assignments, employee promotions, job training, and employee discipline and discharge, it is illegal for employers to take into account someone’s race, color, sex, national origin, disability, or age. It may be discrimination for employers to make pre-employment inquiries regarding, race, height and weight, financial information, unemployed status, background checks, religious affiliation, citizenship, marital status, number of children, gender, disability, or medical inquiries (According to EEOC).  

• It’s illegal for employers to discriminate against employees when it comes to payment of wages and benefits based on discrimination against the above protected classes.

• It’s illegal for employers to refuse to give a reference or to give false and or negative employment reference because of discrimination against the above protected classes.

• It’s illegal for an employer not to give reasonable accommodation to employees or applicants with disabilities or to reasonably accommodates employees or applicant’s religious beliefs. This is true unless it’s extremely difficult or expensive for an employer to do so.

• It’s illegal to harass employees because they belong to one or more of the above protected classes and it’s illegal to harass them if they complain of harassment or discrimination.

For more information, click here to visit EEOC website.