If you feel that you are the target of employment discrimination,
know that you have several protections under both federal and state law.
If you feel that you are the target of employment discrimination, know that you have several protections under both federal and state law. These laws were created to prevent unfair and discriminatory treatment of employees based on their race, age, national origin, gender, religion, disability, sexual orientation, military service, and pregnancy. Unfortunately, you may be unaware of and unfamiliar with the rights that you have as an employee. As a result, your employer may mistreat or take advantage of you. At Bracken Lamberton, we are here to help you understand your rights and help you take legal action to protect those rights if necessary.
The procedure and approach for asserting claims of employment discrimination can be complex. There are various paths and options that you can take to pursue relief, and you will want to choose wisely. Employment discrimination laws are also intricate and complicated. Being successful in such a case requires skill and knowledge to prove that your employer’s actions are discriminatory. Doing so can become even more difficult, depending on the circumstances of your case. For this reason, you will need an attorney will ample experience and expertise in employment discrimination to help you receive the justice and outcome you deserve.
At Bracken Lamberton, we have more than 20 of experience litigating employment discrimination cases that result in successful outcomes for our clients. We are committed to obtaining justice by holding your employer and those who caused you to suffer accountable for their wrongdoings and getting you the compensation that you deserve.
Several common issues may occur in the workplace that qualify as employment discrimination or another type of issue that may require legal action. Some of the most common issues include:
Workplace Harassment – Situations of workplace harassment may involve unwelcome conduct or treatment from fellow employees or sexual harassment from your employer. Such discriminatory workplace harassment goes far beyond isolated incidents of petty annoyances and disagreement. Instead, the actions of workplace harassment are abusive, intimidating, or hostile. The offensive and harmful conduct may include unwelcome and abusive slurs, jokes, threats, name-calling, insults, mockery, or physical assaults.
Unlawful Termination – Wrongful termination, also called unlawful termination or breach of contract, occurs when your employer fires you from your job for any discriminatory reason or when the termination is against company policy or an established employment contract. Many states have adopted at-will employment laws, which means that an employer does not need a reason to dismiss any employee. However, if discrimination is involved in the dismissal, unlawful termination has occurred. Likewise, if you are fired from your job because you complained about workplace safety or unfair practices or if you filed a complaint against your employer, you may be a “whistleblower,” and your termination may be wrongful.
Disability – If you are a person with a disability, you have certain rights and protections granted to you under the Americans with Disabilities Act (ADA) concerning employment. The ADA makes it unlawful for your employer to deny you employment because of your disability. Additionally, the ADA requires that your employer provide reasonable accommodations to help you perform your job duties. Examples of reasonable accommodation include providing adaptive technology or accessible office furniture, adjusting work hours, and providing work materials in accessible formats. If you make such an accommodation request and your employer retaliates in any way, that is also considered discrimination.
Discrimination based on age, color, race, gender, gender identity, sexual orientation, religion, or national origin – If you are a part of a protected class and are treated unjustly by your employer because of your membership to that class, this is likely employment discrimination. Such discriminatory actions may include failure to hire or promote because of your race or sexual orientation or wrongly terminating you because of your age, gender identity, or religion. Such unfair actions are considered discrimination and are unlawful under both Title VII of the Civil rights Act of 1964 as well as the Equal Pay Act and all other applicable state laws.
Pregnancy Discrimination – Employment discrimination based on pregnancy occurs when an employer treats you unfairly because you are pregnant. Such discrimination may occur when you are applying for the job or after you have been hired. The discrimination may also occur due to childbirth or from you having a medical condition relating to pregnancy or childbirth. Examples of such discriminatory actions include harassing, firing, demoting, cutting hours, failing to train, refusing leave and/or health insurance because you are pregnant.
Genetic Information Discrimination – Discrimination in employment can occur because of your genetic information. The genetic information may be your personal genetic history, the genetic information of a family member, or your family’s medical history. Discrimination often occurs when an employer makes an unfavorable decision regarding hiring, firing, compensation, benefits, or promotions based on genetic information. Such discrimination would be an employer sponsoring genetic testing as part of a health screening and then using that information to make unfair decisions. For example, if the test identifies you as having a genetic predisposition to a medical condition, and your employer decides to fire you or limit your health care benefits because of your genetic information, that is discrimination.
Military Service Discrimination – If you are serving or have served in any branch of the United States Military, you are safeguarded under the Uniformed Services Employment and Reemployment Rights Act (USERRA) from being discriminated against by your employer. This protection applies to any person who has performed service and duties, voluntarily or involuntarily in the “uniformed services.” For example, if you have joined and are a member of the National Guard and must undergo training yearly, your employer must approve and allow you to leave work without penalty while participating in this training. Additionally, an employer cannot refuse to hire or presumptively fire a service person because they believe you will be deployed or absent from work due to military service.
If you think that you are the victim or target of employment discrimination, we encourage you to make contact with us for a no-risk case consultation. We will listen to your story, provide our legal analysis, and offer legal representation when possible.