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Just as a potential employer is not permitted to discriminate against an applicant during the job application process, an employer may not discriminate against an employee while that employee is working.Examples of discrimination can include not promoting an individual because of his or her age, denying a raise to a female employee but giving a raise to a male colleague, or reassigning the job duties of a pregnant employee.Harassment is unlawful if it is based on a protected characteristic (age, sex, etc.) and creates an intimidating, hostile, or abusive work environment.In addition, it is unlawful to harass an employee in retaliation for that employee filing a discrimination charge, or participating in an employment investigation against his or her employer.
Whenever both federal and state employment laws cover the same issue, the law that grants the employee greater protections will apply.
In addition, the employer cannot maintain a harassing workplace.
That is, an employer has an obligation to ensure the workplace is free from unlawful harassment.
Three main federal laws are responsible for many of the workplace rights enjoyed by employees.
The is designed to ensure that employees’ work environments are safe and free from dangerous conditions.So long as the decision to lay off Daniel is not made on the basis of his age or any other protected characteristic, ABC Corporation is within its rights to lay Daniel off with no notice.