Determining If Discrimination Has Taken Place

Discrimination is illegal in all forms in the workplace. Determining if discrimination has occurred can be challenging depending on the type of discrimination. Each type of discrimination is a bit different in the way discrimination may be portrayed and in the timeframe that the discrimination occurs. In general, and individual is considered to be discriminated against if the employer does not provide reasonable accommodation for the individual, does not hire or promote him or her due to gender, religion, etc.

To determine if discrimination has occurred, the employer must look at the situation and other similar situations within the company. For example, if an individual claims gender discrimination because she was passed over for a promotion the employer must look at the employee who was given the promotion, other individuals who have been promoted to similar positions, the number of women in the positions equal to the promoted position, etc. In addition, if it was a manager who promoted the other employee, that manager’s track record of promotions should also be reviewed to determine if a pattern exists. In addition, if the employer finds that gender discrimination has occurred, then he or she must actively work to rectify the situation as quickly as possible to avoid additional charges and further ramifications.

 Do you feel that your employer provides reasonable accommodation for those who need it? If so, what have they done?

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