10 Types of EEOC claims

May 1, 1:04 AMWorkplace Diversity ExaminerJessica Faye Carter

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Recent statistics have indicated that workplace discrimination complaints rose by 15% in 2008, adding 13,000 new cases to the Equal Employment Opportunity Commission’s (EEOC) already heavy workload. There is a common misconception that EEOC claims only relate to racial or gender discrimination; there are actually 10 types of claims which fall under the jurisdiction of the EEOC and they include more types of complaints than one would imagine.

Below is a list of the 10 types of claims, along with short blurbs about each from the EEOC:

Age Discrimination

EEOC: “Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.”

Disability Discrimination

EEOC: “Prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.”

Equal Pay and Compensation Discrimination

EEOC: “The Equal Pay Act requires that men and women be given equal pay for equal work in the same establishment. The jobs need not be identical, but they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal.”

National Origin Discrimination

EEOC: “National origin discrimination means treating someone less favorably because he or she comes from a particular place, because of his or her ethnicity or accent, or because it is believed that he or she has a particular ethnic background. National origin discrimination also means treating someone less favorably at work because of marriage or other association with someone of a particular nationality.”

Pregnancy Discrimination

EEOC: “The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII...Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.”

Race-Based Discrimination

EEOC: “Equal employment opportunity cannot be denied any person because of his/her racial group or perceived racial group, his/her race-linked characteristics (e.g., hair texture, color, facial features), or because of his/her marriage to or association with someone of a particular race or color. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups.”

Religious Discrimination

EEOC: “Title VII of the Civil Rights Act of l964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment...Employers may not treat employees or applicants more or less favorably because of their religious beliefs or practices—except to the extent a religious accommodation is warranted.”

Sex-Based Discrimination

EEOC: ”It is unlawful to discriminate against any employee or applicant for employment because of his/her sex in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex.”

Sexual Harassment

EEOC: “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.”

Retaliation

The Retaliation claim is unique in that it applies to all of the other claims, such that employers may not take retaliatory action against employees who oppose discrimination, file charges, or otherwise participate in litigation related to any of the claims mentioned above.

For more information about EEOC claims, visit http://www.eeoc.gov.