Types of Discriminatory Employment Practices
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Discriminatory Practice means and includes the following:

(1)   The exclusion from or failure or refusal to extend to any person equal opportunities or any difference in the treatment of any person by reason of race, sex, sexual orientation, gender identity, religion, color, nation original or ancestry, disability, age, or United States military service veteran status or retaliation;

(2)   The exclusion from or failure to extend to any person equal opportunities or any difference in the treatment of any person, because the person filed a complaint alleging a violation of Chapter 581, testified in a hearing before any members of the Equal Opportunity Advisory Board, or otherwise cooperated with the Office of Equal Opportunity or Equal Opportunity Advisory Board in the performance of its duties and functions under Chapter 581.

(3)   In the case of real estate broker or real estate who attempts to prevent, dissuade or discourage any prospective purchaser, less or tenant of real estate from viewing, buying, leasing or renting the real estate because of the race, sex, sexual orientation, gender identity, religion, national origin, age, color, disability, ancestry, familial status, or United States military service veteran status, or retaliation; or

(4)   Making unavailable or denying the sale or rental of a dwelling to any buyer or renter, or the refusal to extend to any person equal opportunities in the terms, conditions, or privileges of the sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of the buyer, renter, a person residing in or intending to reside in the dwelling, or any person associated with the buyer or renter. 

Discriminatory Employment Practices Terms:

1.     Gender Identity Discrimination – It is unlawful to discriminate against any employee or applicant for employment based on an individual having or being perceived as having a gender-related self-identity, self-image, appearance, expression, or behavior different from those characteristics traditionally associated with the individual’s assigned sex at birth.

2.     Sexual Orientation Discrimination – It is unlawful to discriminate against any employee or applicant for employment based on an individual’s actual or perceived identity or practice as a lesbian, homosexual, bisexual, or heterosexual person.

3.     Respondent – Means one or more person(s) against whom a complaint is filed under Chapter 581, and who the complaint alleges has committed or is committing a discriminatory practice.

4.     Disability – An individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities and has a record of such impairment or is regarded as having such impairment; as defined in the Americans with Disabilities Act. 

a.     Reasonable Accommodation:  An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an undue hardship on the operation of the employer’s business.

b.    Undue Hardship:  An action requiring significant difficulty or expense.

5.     National Origin Discrimination – Treating someone less favorably because s/he comes from a particular place, his/her ethnicity, his/her accent, or because it is believed that s/he has a particular ethnic background.  It also includes treating someone less favorable because of marriage or association with someone of a particular nationality.

6.     Race Discrimination – It is unlawful to discriminate against any employee or applicant for employment on the basis of an undeniable characteristic associated with race, such as skin color, hair texture, or certain facial features.  Ethnic slurs, racial jokes, and derogatory comments toward an individual’s race which creates a hostile, intimidating, or offensive workplace or interferes with a person’s work constitutes unlawful harassment.

7.     Age Discrimination – It is unlawful to discriminate against any employee or applicant for employment based on the age of an individual who is 40 years of age or older.  This applies to both employees and job applicants.

8.     Color Discrimination – It is unlawful to discriminate against any employee or applicant for employment based on stereotypes and beliefs about abilities, traits, or performance of individuals of a certain racial group. 

9.     Sex Discrimination – It is unlawful to discriminate against any employee or applicant for employment because of his/her sex in decisions involving hire, termination, promotion, job training, compensation, or any other term, condition, or privilege of employment.

a.     Pregnancy Discrimination – Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

b.    Sexual Harassment – This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for an individual of either gender, including same sex harassment.

10.  Religious Discrimination – Employers may not treat an employee or an applicant less, or more, favorably because of his/her religious beliefs or practices.

11.  Complainant Means any individual charging on his/her own behalf to have been personally aggrieved by a discriminatory practice.

12.  Complaint – Means any written grievance that is sufficiently complete and filed by a complainant with the Office of Equal Opportunity.