Employment Discrimination

 
What is discrimination in a nutshell?

The law says that it is unlawful for an employer to discriminate against any individual with respect to the terms, conditions, or privileges of employment because of such individual's race, age, disability, religion, sex (including pregnancy and sexual harassment), or national origin.


That means that you can not be treated differently because of your race, age, disability, religion, sex, or national origin as to the following non-exhaustive list: your pay, your promotion opportunities, your employment status, your treatment, etc.

Do you believe you were fired because of your race, age, disability, religion, sex, or national origin?

Do you believe you were not promoted because of your race, age, disability, religion, sex, or national origin?

Do you believe you have been paid lower wages and/or benefits from similarly-situated workers not of your same race, age, disability, religion, sex, or national origin?

Do you believe your employer treats you less favorable than others because of your race, age, disability, religion, sex, or national origin?

Do you think you are being denied the same training opportunities, the same work-related information, the same courtesies, the same desirable job assignments, etc.?

Are you (or others) referred to as or subjected to discriminatory comments such as “you people,” “your kind,” “dinosaurs,” “old man,” “honey,” “Barbie,” or racially-offensive slurs, etc.?

Does your employer engage in stereotypes including but not limited to: women can not perform certain jobs, there is certain work that only minorities should be made to do, pregnant women are not worth the effort because they take too much time off of work for pregnancy/baby-related matters, minorities are lazy, older workers are no longer productive, disabled workers are a hazard to the workforce, etc.?

What is sexual harassment in a nutshell?

Sexual harassment comes in to play when a worker (man or woman): (i) is subjected to conduct of a sexual nature or because of sex; (ii) the conduct was unwelcome; or (iii) the conduct was sufficiently severe or pervasive, so as to unreasonably interfere with the employee’s work performance or create an intimidating, hostile or offensive working environment.

Sexual harassment may include: sexual propositions, sexual horseplay, kissing, fondling, touching, sexually-based “compliments,” sexually-riddled comments and questions, and other sexually suggestive comments or actions.

Does your employer require you to submit to unwelcome sexual conduct (sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature) in order to work for said company or in order to receive certain work-related benefits?

Does your employer mistreat you because you rejected his or her sexual advances?

Does your employer/coworker question you about your intimate life? Openly discuss his or her sexual relationships? Have scantily-clad photographs of persons of the opposite sex prominently displayed at work? Pat you on the bottom in passing? Constantly massage your shoulders, play in your hair, or blow in your ear despite your objection?

What is retaliation in a nutshell?

The law maintains that: It shall be an unlawful employment practice for an employer to discriminate against any of his employees . . . because [the employee] has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing [concerning discrimination].

Did your then-employer terminate you because you reported sexual harassment?

Were you a witness in a discrimination proceeding and thereafter your employer refused to promote you because you are not a “team player?”

Did you inform an employee of his rights to lodge a claim of discrimination against the company and now you have been targeted by management?


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Contact us today for legal advice and consultation. However please note that there is no attorney-client relationship until a written contract is executed by both attorney and client.


EMPLOYEE TIPS

Employment discrimination cases are, by design, complex because of the emotional and physical investment that workers have made on behalf of the employer all in the name of earning an honest living.  Based thereon, below are a few tips that may assist the worker in his or her claims:

1. Document everything

2. Complain appropriately

3. Seek legal counsel immediately

4. Keep documentation

 


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