Code § 162-16-230. Aid, abet, incite, compel, coerce, or try to commit these prohibited acts. California’s main anti-discrimination law in employment is the Fair Employment and Housing Act (“FEHA”), which prohibits discrimination based on race, color, sex (including sexual harassment), national origin, ancestry, disability, sexual orientation, gender identity (including transgender status), medical condition (cancer), pregnancy, marital status, and military status. Employers can observe the terms of bona fide seniority systems or bona fide employee benefit plans (such as retirement, pension, or insurance plans) that aren't a subterfuge for evading the disability discrimination prohibitions; however, these plans can't be used as an excuse for failing to hire any applicant. This can be something that you have experienced or seen in person, or something that you create. Use job applications with questions or entries that are directly or indirectly related to applicants' protected status. Tennessee regulations adopt and incorporate by reference the federal Equal Employment Opportunity Commission's guidelines on religious and sex discrimination and on employment testing. The opportunity to obtain employment without discrimination—based on race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, disability, liability for service in the U.S. armed forces, nationality, sex, or gender identity or expression—is considered a civil right. Compensation discrimination occurs when employers adopt discriminatory compensation decisions or other practices and when employees become subject to these decisions or practices or are affected by the application of the decisions or practices, including each time discriminatory wages, benefits, or other compensation are paid. Employers can't discriminate based on race, sex, gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, or arrest and court records. Employers can't discriminate based on race, religion, national origin (including ancestry), gender, or the presence of sensory, mental, or physical disabilities, unless they can show that their actions are based on legitimate, nondiscriminatory factors instead of unjustified reasons. Consider your options: It may be best to try to resolve the situation informally by first speaking with a supervisor or manager. Discrimination can be expressed through âharassment,â when a boss, supervisor, or co-worker says or does something that creates an intimidating, hostile or threatening work environment. Job advertisements and notices can't be segregated based on race, color, religion, national origin or sex, nor can they express any overt or subtle preference, specification or limitation related to these factors. Make hiring or selection decisions based on bona fide occupational qualifications or other lawful factors. Fail or refuse to hire, discharge, or otherwise discriminate in compensation or terms, conditions, and privileges of employment. Discrimination And Work Harassment In The Work Place Michael Kennedy, Attorney and Senior Partner at Estelle & Kennedy A full service law firm with offices in â¦ Employers also can't aid, abet, compel or coerce anyone to violate the fair employment practices law. The work supplements their educational training and provides them with beneficial experience that might enhance their employability. Otherwise legally required: Employment practices are lawful if they are required by state or federal laws or court orders. Employers can inquire into applicants' ability to perform job-related functions with or without reasonable accommodations and without significant danger to their own safety or the safety of their co-workers, the public or their work facility. Employers can't discriminate based on race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, place of birth, crime victim status, or age (18 and older), unless a bona fide occupational qualification (BFOQ) requires people of a particular protected class. Download this sexual harassment policy template if you need a document that holds employees accountable and prevents sexual harassment in your office. Use a quota system to deny or limit employment based on race, religion, color, national origin, ancestry, sex, age (40 and older), blindness or disability. Employers can't advertise or publicize notices or use job applications that directly or indirectly express any limitation, specification, or discrimination based on protected status categories, unless these restrictions are based on bona fide occupational qualifications. Employers also can hire and employ anyone based on religion, sex, pregnancy, childbirth, pregnancy-related conditions, age (40 and older), national origin, disability, sexual orientation, or gender identity if these characteristics are BFOQs that are reasonably necessary to normal business operations. Under state and federal law, it is illegal for a person or company to retaliate against someone who complains about discrimination or harassment in the workplace. Specifically, employers can't refuse to hire or employ; bar or discharge from employment; select for, or bar or discharge from training programs leading to employment; or otherwise discriminate in compensation or terms, conditions, and privileges of employment. Employers can't imply or express any limitation, specification, or discrimination based on a protected class in statements, advertisements, publications, job applications, or pre-employment inquiries. Rev. Code Ann. Talk with your union representative or someone in the employer’s human resources or personnel office if you do not belong to a union. Are required to implement bona fide lawful affirmative action plans. Job-relatedness: Employers can use testing devices or other selection methods that are apparently neutral, but effectively discriminate based on a protected class, if they can show that these methods are sufficiently related to essential job functions. These laws apply, however, only if the employer has at least the number of employees indicated below: * The Fair Employment and Housing Act protections against harassment apply regardless of the number of employees. 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