Definition of Discrimination
Discrimination is defined in civil rights law as unfavorable or unfair treatment of a person or class of persons in comparison to others who are not members of the protected class because of race, sex, color, religion, national origin, age, physical/mental handicap, sexual harassment, sexual orientation or reprisal for opposition to discriminatory practices or participation in the EEO process.
Federal EEO laws prohibit an employer from discriminating against persons in all aspects of employment, including recruitment, selection, evaluation, promotion, training, compensation, discipline, retention and working conditions, because of their protected status.
All NIEHS employees, managers, and applicants for employment are covered by these EEO laws.
Unfair Treatment versus Unlawful Discrimination
Unfair treatment is not necessarily unlawful discrimination. Treating a person unfavorably in comparison to others may violate EEO laws only when that person's protected status is a factor in the treatment.
Employment decisions should be based only on job-related merit factors. All employees should avoid conduct which undermines fair and equal treatment. Although all unfair treatment may not be discriminatory, it is poor personnel management and should be avoided.
EEO versus Preferential Treatment
Federal EEO laws do not require an employer to extend preferential treatment to any person or group because of
race,
color,
religion,
sex,
national origin,
age, or
handicapping condition. EEO merely demands that all persons receive the same opportunities for hiring, training, promotion, &c. When those opportunities have not been available to all groups in the past because of discrimination, affirmative employment is required to overcome the effect of such bias.
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