Job Discrimination

In accordance with the principles proclaimed in the United Nations Charter, all members of the human family have inherent dignity and equal and inalienable rights recognized as the “foundation of freedom, justice and peace in the world.” Also, the Universal Declaration of Human Rights states that a free human being is one who enjoys civil and political freedom, including freedom from fear and want.

International law recognizes that all are entitled equal protection of the law without any form of prejudice. It is in this regard that no person may be discriminated against but instead all are guaranteed equal and real protection from any grounds of discrimination, may it be race, color, gender, language, religion, political views or opinion, social or national origin, property, birth or any other status. In addition, the Fifth and Fourteenth Amendments to the United States Constitution restricts the power of the federal and the state government to discriminate in employment practices by treating employees and applicants unfairly because of mere affiliation in a group. The same rights are being protected by the United States Federal Discrimination Laws, also called as anti-discrimination laws or equal employment opportunity laws, which are created by acts of Congress. Federal discrimination laws make it illegal for employers to discriminate against job applicants and employees based on certain attributes or the “protected categories.” Federal law prohibits employer to discriminate on the ground of race or ethnicity, color, gender, pregnancy or childbirth, religion, national origin, disability (physical or mental, as well as HIV status), age (for those 40 years of age or older), military service or membership, probable deployment to the National Guard or Reserves, debt or bankruptcy, genetic information, and even citizenship status (citizens, permanent residents, temporary residents, refugees, and those seeking asylum). Discrimination in the workplace prohibited by these laws covers aspects of employment such as job advertisements; recruitment; testing; hiring and firing; transfer, promotion, layoff or recall; compensation, assignment, or classification of employees, use of company facilities; fringe benefits; training and apprenticeship programs; pay, retirement plans, and disability leave; and other terms and conditions of employment. Other practices of discrimination in the workplace includes harassment based on particular attributes in the protected categories; retaliation against a person filing, participating in the investigation of a discrimination charge or opposing discriminatory practices; employment decisions based on assumptions and stereotypes of the performance of an individual of a certain group; or denying employment to someone associated or married to a person of a certain group. Although courts have allowed discrimination against people based on long hair and facial hair, it is not absolute as in cases of religious reasons or purpose. It is also allowed to discriminate based on weight except for those caused by a medical condition, if the employer wants to hire or promote a family member, and if an applicant is too young.

Equality in the workplace in particular can only be achieved if the condition in society offers everyone his or her civil, political, economic, social and cultural rights.  It is therefore a person’s right, by virtue of being human, to freely decide and follow their own political, social, cultural and economic development without any prejudice.