What are Your Rights in the Workplace as a Government Employee?

Your job prospects or performance should never be based on anything else other than your qualifications and achievements.

For example, you should not be passed over for a Tallahassee State Office job as a benefits administrator because you’re in the process of transitioning from male to female. If that happens, executive Tallahassee lawyers will suggest you get an employment defense attorney because you’ve got a case.

Workplace discrimination will occur, and the government recognizes these unfortunate incidents. This is why laws are in place. But do you know your rights under them?

 Policies on Hiring or Promoting Violates Civil Rights

Any employer that passes over a qualified employee for a promotion on the basis of their age, sex, gender identity, sexual orientation, race, nationality, or religion is violating Title VII of the Civil Rights Act of 1964.

The Civil Rights Act of 1964 doesn’t explicitly mention members of the LGBT community, but the US Equal Employment Opportunity Commission (EEOC) strengthens that law by stressing that employment actions should never violate the civil rights of employees, regardless of their sexual orientation and gender identity.

Workplace Policies Can’t Discriminate LGBT

A federal or private sector workplace can’t have policies or practices that violate the civil rights of LGBT members. Here are some examples:

• A qualified applicant can’t be denied employment because she is a transgender woman, nor can she be fired for planning or making a gender transition
• An employee can’t be denied use of a common restroom due to their sexual orientation or gender identity
• An employee can’t be denied a promotion because he or she is gay or straight
• An employer can’t give a lower salary to an employee because of their sexual orientation
• An employer can’t deny health insurance benefits to spouses in legally-married gay couples

 Compensation Can’t be Based on Gender

 Male and female government employees must receive the same salary for the same amount and type of work performed. The scope of the work, its load, and work hours should be equal for both male and female employees at government offices. Job content, and not job titles determine whether jobs are deemed equal.

Salaries, bonuses, overtime pay, stock options, reimbursements, hotel stays, and other forms of compensation must always be equal. Should there be any disparity in the compensation between men and women, the employer must increase, not decrease, their pay to correct the inequality. The law that protects against gender-discriminatory pay practices is the Equal Pay Act of 1963.

 Employers Can’t Discriminate Older Employees or Applicants

 The Age Discrimination in Employment Act of 1967or ADEA states that employers can’t fire, pass over for promotion, layoff, deny benefits to, deny training to, or not hire a capable employee based on their age.

Employers likewise can’t enact policies or practices that discriminate based on age, nor can any employee be harassed or subjected to policies that can impact them negatively.

This law applies only to employees who are aged 40 and above, and doesn’t protect employees younger than 40. Some states, however, have laws that protect younger workers from discrimination in the workplace.

Employers Can’t Discriminate Against Employees with Disabilities

 The Americans with Disabilities Act (ADA) makes discrimination against those with mental or physical disabilities illegal in the workplace, in public services, public accommodations, and in telecommunications. The Rehabilitation Act of 1973 prohibits the Federal Government from discriminating against qualified workers or applicants with disabilities.

Discrimination could occur anywhere, which is why protections are in place to ensure an ethical workplace. The unfair treatment of any person or group of people should never be tolerated or endured.

Whether you’ve been discriminated against for your sexual orientation or age, you have legal recourse under federal and state laws. Seek the expertise and experience of an employment lawyer, and fight for your rights.