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Tool / RITEI Workers Guide:

Fair Treatment 

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Introduction  

Workers have the right to work in an environment free from discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and/or gender identity), national origin, age (40 or older), disability, and/or genetic information. Employers cannot legally make decisions about hiring, firing, promotions, pay, or other terms and conditions of employment based on these protected characteristics. 

The federal Civil Rights Act, state civil rights laws, and other laws provide a range of protections.

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Workplace Free of Harassment
Workers have the right to a workplace free from all types of harassment based on the protected characteristics mentioned above. Harassment can include unwelcome conduct, such as offensive jokes, slurs, epithets or name-calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, and offensive objects or pictures. 

Right to Reasonable Accommodation
The Americans with Disabilities Act (ADA) and the Rehabilitation Act require employers to provide reasonable accommodations to qualified employees with disabilities unless doing so would cause undue hardship. Similarly, employers must accommodate employees’ religious beliefs and practices. Workers may need to request these accommodations from their employer, and employers are required to share policies and practices for doing so.  

Report Job Discrimination Without Punishment
Workers have the right to report discrimination without retaliation. It is illegal for an employer to punish a person for filing a complaint, participating in a discrimination investigation or lawsuit, or opposing discriminatory practices. 

Myth Busting

  • Myth

    IT workers are mostly young men, so discrimination and harassment aren't really issues in the tech industry.

  • Fact

    This is false. While the IT workforce does skew male, tech companies employ people of all genders, ages, races, and backgrounds. Discrimination and harassment can and do occur regardless of identity. Dismantling Racial and Gender Bias in the Workplace

Example

An example of discrimination and harassment faced by women in the tech industry can be seen in the case of Susan Fowler at Uber. In 2017, Fowler, a former engineer at Uber, published a detailed blog post describing her experiences of sexual harassment and discrimination at the company. Her revelations led to a broader investigation into Uber’s workplace culture, resulting in the firing of over 20 employees and the resignation of CEO Travis Kalanick.  

Resources

Equal Employment Opportunity Commission (EEOC)

The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for administrating and enforcing employment-related anti-discrimination laws and  investigates complaints lodged against companies accused of discrimination and pursues legal cases on behalf of workers. 

State Anti-Discrimiation Laws

Almost all states have adopted discrimination laws related to employment, with protection against discrimination based on various factors, such as race, gender, age, marital status, national origin, religion or disability. 

State anti-discrimination laws  

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities including discrimination on the basis of disability just as other civil rights laws prohibit discrimination on the basis of race, color, sex, national origin, age, and religion. 

ADA resource page 

Department of Justice (DOJ

The United States Department of Justice, also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States.  

DOJ Civil Rights Division Immigrant and Employee Rights 

Up Next

Right to Organize and Collectively Bargain
Federal law protects workers’ right to act together with other workers to address conditions at work, with or without a union. Employees covered by the National Labor Relations Act (NLRA) have the right to form, join, and/or assist a labor organization for collective bargaining purposes or collaborate with coworkers to improve terms and conditions of employment. This protection extends to certain work-related conversations conducted on the internet.  
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The AFL-CIO Working for America Institute (WAI) has served as the AFL-CIO national workforce intermediary for over 50 years. The WAI brings together unions, employers, joint labor-management partnerships, workforce intermediaries, the workforce system, and community organizations to develop high quality, worker-centered training and Registered Apprenticeship programs and high-quality, family-sustaining jobs.

This workforce product was funded by a grant awarded by the U.S. Department of Labor (DOL)’s Employment and Training Administration (ETA). The product was created by the recipient and does not necessarily reflect the official position of DOL/ETA. DOL/ETA makes no guarantees, warranties, or assurances of any kind, express or implied, with respect to such information, including any information on linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequacy, continued availability, or ownership. This product is copyrighted by the institution that created it.