What constitutes employment discrimination under federal law?

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Employment discrimination under federal law is defined primarily by the unfair treatment of individuals based on personal characteristics that are protected by various laws. These characteristics typically include race, color, religion, sex, national origin, age, disability, and genetic information, among others. When individuals experience adverse employment actions, such as being fired, demoted, or denied a promotion, specifically because of these protected traits, it amounts to employment discrimination.

This legal framework is designed to ensure that all employees have equal opportunities regardless of their personal attributes, promoting fairness and equality in the workplace. It reflects a broader societal goal of protecting individuals from bias and discrimination, thereby fostering a more inclusive work environment.

In contrast, firing someone based on their performance does not fall under the definition of discrimination unless the firing is linked to a discriminatory motive associated with a protected characteristic. Promoting based on seniority is typically considered a standard practice, not discriminatory behavior, as long as it does not affect individuals based on protected traits. Similarly, setting pay rates according to market value is more about adhering to business practices rather than discrimination, as it focuses on external market factors rather than internal biases against personal characteristics.

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