5 Biggest Myths About Workplace Discrimination 

 Posted on November 26, 2024 in Discrimination & Retaliation

Most of us are aware that nondiscrimination law prohibits employer discrimination against employees on the basis of race, sex, religion, disability, age, and other characteristics. Beyond that, however, there are many myths or misconceptions about employment discrimination. These myths can be harmful to both employers and employees: they may stop employees from reporting discrimination, and they may cause an employer to think they are complying with the law when they are not. Either way, a Maryland employment discrimination attorney has the experience to advise employees and employers on employment discrimination law.

Myth: Only Large Employers Are Covered By Discrimination Law  

There are multiple federal laws that prohibit workplace discrimination, and Maryland does as well. Not all federal laws have an employer size requirement. For example, under the Federal Equal Pay Act, employers may not discriminate against women by paying them less than men for doing the same work, and this law applies regardless of company size. Even when there is an employer size provision, it is not very large. Many federal anti-discrimination laws and the Maryland employment anti-discrimination law apply to employers with 15 or more employees.

Myth: Only Intentional Discrimination Is Illegal 

Anti-discrimination laws cover both intentional and unintentional discrimination. For example, if an employer's workplace behavior or policy unintentionally results in discrimination, it can still violate employment laws.  

Myth: An Employee Must Request a "Reasonable Accommodation" In Writing To Get One

Maryland law requires that the employee make a request for a reasonable accommodation either verbally or in writing. Under federal law, an employee does not have to use the words "reasonable accommodation" to receive a reasonable accommodation for a disability. If the employee makes the employer aware of their disability and its effect on their ability to do their work, that may be considered grounds for providing a reasonable accommodation.  

Myth: Only "Bad" Companies Discriminate

The myth that discrimination only occurs in companies with poor management or unethical practices is false. As mentioned earlier, discrimination need not be intentional to be illegal. Additionally, even in the best-run companies mistakes can occur or a particular issue may lack enforcement mechanisms. That is why it is important for employers to put in place effective policies and provide training to ensure they are not unintentionally putting themselves at risk for an employment discrimination claim.

Myth: Retaliation Complaints Are Rare

A complaint for retaliation alleges that an employee faced negative consequences because he or she filed a discrimination complaint against an employer. These claims are very common. Retaliation claims filed with the Equal Employment Opportunity Commission (EEOC) are among the most common claims in federal employment law and the percentage of these cases has steadily increased.

Contact a Montgomery County, MD Workplace Discrimination Lawyer 

At Freedman Law, LLC, attorney Lindsay Freedman represents employees and employers in employment law matters. Whether you are an employee who believes you may be facing discrimination at work, or an employer facing an employee discrimination claim, an experienced Potomac, MD employment law attorney can guide you in your discrimination case. Call the law firm at 410-290-6232 to schedule an appointment to discuss your discrimination claim.