Your Rights Against Workplace Discrimination and Harrassment FAQ

Questions:

• I'm offended by my coworkers' constant X-rated comments and jokes; what should I do?
• Can my employer refuse to promote me to a position that requires public speaking just because I have an accent?
• My boss won't consider me for a transfer to our IT department because he thinks older guys like me (I'm 65) don't understand the latest technological developments. Is this legal?
• Can my employer pay men more than women to do the same job? The men have more seniority, but we're all doing the exact same work.
• Can I be fired because I'm gay?
• Is race discrimination really that common any more?
• Which conditions count as disabilities under the Americans with Disabilities Act -- and which do not?
• I'm applying for jobs, and I use a wheelchair. Are employers legally allowed to ask me about my condition?
• Does my employer have to give me my Sabbath day off?
• I just found out that I carry the genetic marker for a serious disease; can my company fire me if they find out?
• My former coworker asked me to be a witness in her sexual harassment complaint, but I'm afraid I'll get fired. What are my rights?

Answer:

My boss won't consider me for a transfer to our IT department because he thinks older guys like me (I'm 65) don't understand the latest technological developments. Is this legal?

It's not legal to make job decisions based on age. What you're describing is all too common: Without intending to discriminate, some employers rely on stereotypes and assumptions about particular groups of people when they make decisions. Whether the stereotype is that older people can't turn on their iPhones or that women can't use power tools, this type of thinking is biased. Making decisions based on stereotypes about protected groups -- rather than by assessing the actual skills and abilities of individual employees -- is illegal discrimination. For more information, see Nolo's article Your Rights Against Age Discrimination.