Both "employees" and "applicants for employment" are protected against employment discrimination.
- Employees include people who:
- - actually work for an employer,
- former employees who have resigned or been fired,
- are required to work in order to receive welfare benefits, workfare.
- Applicants for employment include:
- - people who applied for employment,
- people who were deterred from applying because the employer's discriminatory practices had created an atmosphere in which non-applicants understood it was fruitless to apply for employment,
- people posing as job applicants to gather evidence of discriminatory practices even if they never intended to accept the job for which they applied,
- US citizens employed by most U.S. owned or controlled companies located in foreign countries,
- lawfully admitted resident aliens.
- Employees or applicants for employment do not include:
- volunteers that are unpaid are not employees and therefore are not protected from discrimination,
- non-citizens employed overseas by US employers,
- independent contractors.
To determine whether you are protected against discrimination from your employer, there are three other things to consider:
1. Whether you are considered an employee who is covered under the law.
2. Whether your employer is subject to the anti-discrimination laws.
3. Whether your employer's conduct is considered discriminatory under the law.
4. What reason your employer discriminates against you.
If you feel you may be unlawfully discriminated against, contact us so we may review your situation with you.