What is employment discrimination?

Illegal discrimination takes place when the motivating factor of any employment decision is the sex, race, age (for employees over 40), national origin, religion or disability of an employee.  Discrimination includes harassment which is based on any of the above characteristics when the harassment interferes with an employee's work performance or creates an intimidating, hostile or offensive work environment.  Discrimination may also occur when an employer uses neutral job policies (such as a test or certain application or promotion procedures) that disproportionately exclude employees with the above characteristics and are not job related.  Discrimination does NOT occur when another employee receives the job, promotion, or other benefit you desire but that employee has the same characteristics as you (i.e. race, sex, etc.)