Age discrimination is illegal under the ADEA for employees over 40 years of age. However, age cannot simply be a motivating factor in an adverse employment action. Age must be the primary, but for cause of the adverse action to show a violation of the ADEA.
Employers must provide reasonable accommodation to employees with disabilities unless doing so would cause undue hardship for the business. The 2002 U.S. Airways case clarified that reasonable accommodations may constitute preferential treatment toward individuals with disabilities, despite company policies, rules, or practices.
Discrimination against someone because of their sexual orientation or gender identity is illegal under Title VII of the Civil Rights Act of 1964, as amended. Sexual orientation, gender identity, and sex are all connected, and Title VII expressly prohibits discrimination based on sex.
If an accent does not “materially interfere” with an employee’s ability to communicate in English, an employer may not base an employment decision on the accent. Language, accent, and national origin are all connected, and Title VII expressly prohibits discrimination based on national origin.
Under the McDonnell Douglas burden-shifting framework, an employee has the burden to demonstrate that she was treated differently from other individuals who were similarly situated. The 11th Circuit clarified that this includes all material respects of the treatment in question.
Discrimination against someone because of their accent or language issues is illegal under Title VII of the Civil Rights Act of 1964, as amended. Language, accent, and national origin are all connected, and Title VII expressly prohibits discrimination based on national origin.
