Employment discrimination can be difficult to show when it occurs during the hiring process. While it may be obvious if no women are ever hired by a certain employer, it is difficult for an individual to have a sense that they were denied a job because the employer discriminated against them due to some protected status.
Workplace discrimination is sadly still alive and well in the U.S. and one of the more fertile grounds for discrimination is that resulting from pregnancy. Some apparently still question why women would want to work outside the home and seem to believe that discrimination against pregnant women is not really discrimination.
Disability discrimination is one of the more difficult types of discrimination cases to prove. Because a worker already has characteristics that limits some of their workplace activities, it is very easy for an employer to either actively discriminate against them by refusing to hire or promote them for specific jobs or deny them opportunities in more subtle ways.
One of the more difficult decisions to make in the life of a discrimination lawsuit is determining when to stop. If you win a case in the New York Supreme Court, the state's trial court, it is easy to congratulate yourself, your attorney and their legal team. If the decision is not as favorable, you have to decide if you are able to appeal to the Appellate Division; the determination can be rather complex.
The baby boom generation has long been influential in many areas of American life. From the post-WWII explosion of the suburbs and the building of thousands of schools, to the student unrest and political protest of the 1960s, and the focus of consumer marketing, the generation has shaped much of American culture for the last 50 years.
Work place discrimination is very much a matter of perspective. It can often seem invisible to those who are not a member of a group subject to discrimination. But for those who experience it, it can be almost as debilitating as a physical injury, as they attempt to cope with loss of a job and income.
During a working career, most people believe that their experience gained while performing any job means they become more valuable to their employers. And that may be true. But that does not mean those employers want to pay for that experience. They may also believe that in some areas, older workers lack the flexibility or are not sufficiently "with it" to learn new systems or processes.
Employment discrimination can come in many guises and wears many veils. These policies are often cloaked in the language of neutrality, seemingly applying to all persons in a neutral fashion, but they often become an effective tool to exclude some by discrimination.
Say, you work at a job that requires that you be on your feet most, or all, of the day. Now, let's say you are a woman, and you have become pregnant. As your pregnancy progresses, you become tired more easily from standing and you need to visit the restroom more frequently.
Fairness is hard. In a business, the hiring and treatment of employees can be viewed in many ways. It can be seen as important and the "core" of the business. Or it can be seen as problematic necessity, with an attitude of while we need them, they are not important. In every hiring situation, there are winners and losers. After all, if there is one position open, there can only be one applicant who "wins," while everyone else loses.