Employment Rights:  Anti-Discrimination Law

This legal rights brochure is designed to provide general information about employment law.  It is not intended to be used as legal advice.  For application of the law to your particular situation, contact a lawyer or one of the resources listed in this brochure.   

THE LAW
State and federal laws make it illegal for an employer to treat you differently from other employees or job applicants simply because you are a woman.  The same laws prohibit differential treatment on the basis of age, race, religion, national origin, marital status, receipt of public assistance or disability.  Anti-discrimination laws apply to all employment-related decisions including hiring, firing, compensation and promotion.  

EQUAL PAY
The Federal Equal Pay Act requires equal pay for equal work.  "Equal Work" refers to jobs which are substantially the same requiring equal skill, effort, responsibility and working conditions.  There are exceptions for pay systems based on seniority, merit or productivity. 

JOB REQUIREMENTS
It is unlawful for an employer to refuse employment to a woman simply because she is  -for example- unable to lift 100 pounds.  However, if job duties actually require this ability, this is a "bona fide occupational qualification," which is legal.  In any case, an employer may not deny women the opportunity to take a lifting test or any similar test of strength or agility.   

PREGNANCY
It is illegal to fire a woman simply because she is pregnant.  In all personnel actions and benefits, pregnant employees must be treated the same as any other employee in the company who has a temporary medical condition. 

PROMOTIONS
An employer may not deny a promotion to a woman because of her sex.  If you choose to file a sex discrimination charge, you will need evidence that you were denied because you are a woman.  It is legal for companies to deny a promotion for any reason, as long as the reason is not related to a person's sex, age, race, religion, national origin, marital status, receipt of public assistance or disability. 

FAMILY STATUS
Questions about marital status during a job interview are illegal under state law.  Questions about children are considered discriminatory if the presence of children is considered a negative for women but not for men. 

SEXUAL HARASSMENT
Pressure for dates or sexual favors, unwanted physical contact and unwelcome offensive sexual language are all forms of sexual harassment.  More so than any other types of discrimination, sexual harassment can leave its victims feeling powerless and confused.  Many employers have a sexual harassment policy; if your employer does, you should follow its provisions.  If you believe someone is sexually harassing you, talk to someone you trust, or contact one of the resources listed in this fact sheet. 

SOLUTIONS 
Unlawful discrimination on the basis of a person's sex is sometimes difficult to detect and is often even more difficult to prove.  If you believe you have been discriminated against, it is up to you to file a formal charge, and such filing must be done within one year of the occurrence of the offense.  You should be prepared to prove that the discrimination occurred and have evidence which corroborates your account of the discriminatory practice(s).  To file a charge or obtain more information, you should contact the Minnesota Department of Human Rights or the Equal Opportunity Commission.  All information is confidential until you return the official charging form.  Discrimination cases may be filed directly in district court and this option is usually the most expedient.  Court cases require legal representation, and it is often useful to have an attorney even when filing the charge with an agency. 

Anti-discrimination Law | Labor Law  | Resources

Last Updated: Tuesday, 22-Aug-2006 15:46:36 CDT (mmp)