When we hear the word “Discrimination” we immediately connect it with gender identity, ethnic origin, disability, or age. Discrimination is everywhere at different levels found probably in bigger or smaller proportions. However, discrimination based on educational background is on the rise. The examples of Educational discrimination include
- Not offering the right profile job,
- Not being paid the same as someone
- Denials of the promotions and training
- Being dismissed
- Isolation by the other co-workers
It is another way for employers to perceive the protected classes of employees or workers either intentionally or unintentionally.
What Is Discrimination At The Workplace?
To qualify for the job that you are applying for, an employer will have stated the requirements in terms of educational qualifications, work experience, skillset, etc. Discrimination due to the education at the workplace is a common scenario where the employer is often treating the employees/workers less favorably. Educational discrimination is based on the academic requirement that has been outlined by the employer.
However, the law prohibits educational discrimination. these instances are still emerging in the modern workplace. The federal civil rights law protects employees and workers against this kind of discrimination. The law believes that is it is illegal to discriminate the individual to discriminate based on their “characteristics” (race, color, pregnancy, national origin, disability, genetic, age or sex) when hiring in the workplace. If you are victim of discrimination and need employment lawyer in New York, don’t hesitate to contact your local attorneys.
Enforcement Responsibilities
U.S. Department of Education has “OCR – The Office of Civil Rights” under the Federal Civil Rights Law forbids discrimination. The characteristics imply based on race, color and national origin, sex, or age. The law enforces that everyone has equal rights to access to education. The Office of Civil Rights shall receive complaints from the parents, students, and faculty. For awareness purposes, OCR often helds workshops, seminars on educational discrimination, and a wide range of course programs.
What Law Says About It?
There are several laws designed for the “Discrimination due to lack of education” The discrimination is a wide-encompassing issue that people often are facing but barely know about their rights. Hence they are ill-treated.
Title VI of the Civil Rights Act of 1964
A recent study has revelead that there has been a huge decline in the percentage dropping after this law enforcement came into existence. This section is designed to prohibit discrimination from happening based on nationality, color, race in the educational institutions receiving federal financial endowments and contributeions. The complaints received by the OCR are mostly about the harrassments, student transfers, housing of the students, etc.
Title IX of the Education Amendments of 1972
The law under this section prohibits sex discrimination that used to take place in the education institution receiving federal monetary assistance. The law happens to have a positive impact on eliminating sex discrimination as it outnumbered the women recipients
Title II of the Americans with Disabilities Act
Under this section, the law enforces discrimination against the disabled by public entities/figures. This includes public schools, vocational schools, public libraries. It doesn’t matter whether these places receive Federal financial help or not. The complaints handled by the OCR were taken action against and situations were seen improving. This includes proper screening, offering appropriate educational facilities, necessary aids to the disabled/impaired students.
Age Discrimination Act of 1975
Under this section, it prohibits discrimination from happening on the basis of age in the educational institutes that are receiving Federal grants. Under the Age Discrimination in Employment Act, the law protects the individual/worker who is over the age 40. However, the Age Discrimination Act of 1975 doesn’t discriminate against any students, protecting them regardless of their age.
Individuals with Disabilities Education Act (IDEA)
The primary aim is to provide free education to all means it includes all even the disabled children or children who have special needs. It is a specialized ACT for every child that is disabled. The ACT is a joint effort by the government, educators, and parents to provide the disabled child the education he/she needs. The IDEA ACT had a positive impact on the children offering them various educational opportunities by accessing the education they have the right to pursue.
When Educational Discrimination Is Illegal?
It is really hard to tell whether the hiring requirement involves discrimination. Many employers have different methods to screen the employees. Thus there are several criterias to test the applicants. For example, if the job is to carry a heavy load, it will automatically sideline the women applicants. If the employer’s simply screening the candidates however there is discrimination based on the education level then it becomes illegal. The key to know is what are the job requirements and qualifications to get the job. Thus, the hiring of the applicant may be based on discrimination thus can be called illegal.
Should You Call The Attorney?
Have you ever been discriminated against due to lack of education? Did your school have not treated you well? Discrimination based on educational background is a serious offense and can lead to penalties and punishments accordingly. Unfortunately, not many of us have known our rights and have suffered Diploma Discrimination. Hence, under such circumstances connecting with an attorney is the best idea. They can help you figure out the various discrimination laws based on education and give you clarity on them.
Questions to Ask If You Are Educational Discrimination Victim
- Have you beend mistreated and hold evidence of the same because of the discrimination?
- Can you show the evidence recently that “With no credentials” has been laid off?
- Do other employees at your workplace receive different treatment based on their academic qualifications?
- Do you think that your employer is bais in his/her actions?
- Has anyone witnessed these actions?
- What kind of statements does your employer make while hiring new workers?
- Does your employer make statements about working better with those who have college education or prefer hiring college graduates?
Yuriy Moshes is a CEO of Moshes Law and a highly experienced attorney in labor and real estate practice areas. During his years of practice, Yuriy helped a lot of people to protect their rights. In his spare time, Yuriy writes educational content for Moshes Law blog.