Do you think that your employer has made a discriminatory decision regarding your employment? If so, workplace discrimination is illegal and if an employee reports discrimination, the law protects employees from retaliation. However, success is difficult and to obtain justice and compensation, you need an experienced attorney.
Eskins King & Marney, P.C. is committed to fighting for our clients’ rights, and we have the track record to prove it. We have represented clients from diverse backgrounds, dealing with discrimination and retaliation that includes failure to promote, sexual harassment, racial harassment, and other forms of discrimination.
Our firm understands workplace discrimination can damage your professional and personal life. We fight to obtain resolutions for our clients that compensate them for the harm they have suffered and allow them to move forward with their lives and careers.
What is Workplace Discrimination and Harassment?
Federal and state law protect employees who have been discriminated against for a variety of reasons. They can include discrimination due to an employees’ age, race, national origin, disability, pregnancy, care giving responsibilities, sexual orientation, or political affiliation. Not every workplace hardship rises to the legal definition of discrimination, but these laws do cover a wide variety of actions an employer might take for unlawful reasons. The following are some forms of discrimination that are unlawful under state and/or federal law:
- Gender Discrimination
Gender discrimination is illegal, and there are federal and state laws designed to protect you. These laws prohibit discrimination based on sex with respect to all terms and conditions of their employment, including but not limited to: hiring, compensation, promotion, treatment on the job, termination. Federal and state laws also prohibit retaliation against employees who oppose sex discrimination.
- Race Discrimination
Federal and state laws prohibit an employer from discriminating against an employee based on race. These laws protect employees from being treated less favorably than similarly situated coworkers, receiving fewer job or promotional opportunities, and protects employees to be free from racial harassment that affects terms and conditions of employment based on race.
- National Origin Discrimination
Workplace discrimination due to national origin is against the law. The Civil Rights Act of 1964, as well as state law, make it illegal for an employer to discriminate against an employee because of his or her national origin.
- Age Discrimination
The Age Discrimination in Employment Act (ADEA) prohibits the mistreatment of workers aged 40 and over because of their age. This includes all aspects of employment including hiring, promotions, training, salary, job assignments and termination. Workplace age discrimination also includes harassment based on age that creates a hostile or offensive work environment.
- Disability Discrimination
The Americans with Disabilities Act (ADA) and state and local laws prohibit discrimination on the basis of disability in all employment practices. An employer may not discriminate against a qualified individual with a disability because of that employee’s disability, nor may the employer deny the employee a reasonable workplace accommodation that would allow the employee to perform his or her job.
- Family Responsibility Discrimination
Family responsibility discrimination is an umbrella term for workplace discrimination based on biases about how employees with care giving responsibilities will or should act. When an employee’s family responsibilities change, as when a child is born or a family member falls ill and requires caretaking, employers may act upon discriminatory biases – assuming, for example, that the employee will be unreliable or less dedicated to the job.
- Pregnancy Discrimination
Federal and state law prohibit discrimination based on pregnancy for most employees. These laws protect you in the workplace from: less favorable treatment, fewer workplace opportunities, termination and refusal to hire. Similarly, these laws protect you if your employer denies your maternity leave or refuses to hire you because of your pregnancy.
- Sexual Orientation Discrimination
Federal law provides protections against sexual orientation and gender identity discrimination as well. This law protects employees against retaliation by their employers for opposing unlawful discriminatory practices or for participating in the process of correcting discrimination based on sexual orientation.
- Religious Discrimination
Title VII of the Civil Rights Act of 1964, as well as many state and local laws, prohibit employers from discriminating against employees on the basis of their religion. This discrimination may come in the form of adverse employment actions but may also include harassment based on an employee’s religion. Employers are also required to provide reasonable accommodations for their employees’ religious practices and beliefs unless the employer can demonstrate that such an accommodation would cause them an “undue hardship.”
In addition to the protections against discrimination, Federal and state law protect employees who oppose or participate in investigations regarding discriminatory conditions at work and face retaliation for their actions. Unlawful retaliation can include refusal to hire, demotion, transfer to undesirable job duties, or termination of an employee who has filed a charge of discrimination within the company or with the Equal Employment Opportunity Commission (EEOC) or has participated in the investigation of discrimination.
If you have experienced discrimination or have suffered retaliation for opposing your own unlawful treatment or the discriminatory treatment of a co-worker, please contact Eskins, King & Marney to speak with one of our intake attorneys to discuss your potential case.