Understanding Discrimination by Association
Discrimination by association occurs when an employee is discriminated against due to their relationship with someone who has a protected characteristic, such as a family member with a disability or a spouse of a different race.
This type of discrimination is prohibited under various federal and state laws, including the Americans with Disabilities Act and the Civil Rights Act of 1964, and can take many forms, including harassment, unequal pay, and termination.
Examples of Discrimination by Association
For example, an employee may be denied a promotion because their spouse is of a different ethnicity, or an employee may be subjected to harassment because they have a family member with a disability.
Additionally, an employee may be retaliated against for associating with someone who has filed a complaint of discrimination, such as a coworker who has reported harassment.
Laws Prohibiting Discrimination by Association
The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit discrimination by association, including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.
These laws apply to employers with 15 or more employees and prohibit discrimination based on a variety of characteristics, including race, color, national origin, sex, age, disability, and genetic information.
How to Prove Discrimination by Association
To prove discrimination by association, an employee must show that they were discriminated against due to their relationship with someone who has a protected characteristic.
This can be done by providing evidence of disparate treatment, such as being treated differently than other employees who do not have a similar relationship, or by showing that the employer's actions were motivated by a discriminatory intent.
Remedies for Discrimination by Association
Employees who experience discrimination by association may be entitled to various remedies, including back pay, front pay, and compensatory damages.
In addition, employers may be required to take corrective action, such as implementing new policies or providing training to employees, to prevent future discrimination.
Frequently Asked Questions
What is discrimination by association?
Discrimination by association occurs when an employee is discriminated against due to their relationship with someone who has a protected characteristic.
Is discrimination by association illegal?
Yes, discrimination by association is prohibited under various federal and state laws, including the Americans with Disabilities Act and the Civil Rights Act of 1964.
How do I prove discrimination by association?
To prove discrimination by association, you must show that you were discriminated against due to your relationship with someone who has a protected characteristic.
What are the remedies for discrimination by association?
Employees who experience discrimination by association may be entitled to remedies such as back pay, front pay, and compensatory damages.
Can I be retaliated against for reporting discrimination by association?
No, it is illegal for an employer to retaliate against an employee for reporting discrimination by association or participating in an investigation.
How can I prevent discrimination by association in the workplace?
Employers can prevent discrimination by association by implementing policies and procedures that prohibit discrimination, providing training to employees, and investigating all complaints of discrimination.