Employment Law

//Employment Law

If a person less qualified than you is hired or promoted to a position you sought, you may have a discrimination claim if that person was of a different race, age, sex, national origin, religion, etc.  If you file a complaint of employment discrimination or sexual harassment, you may experience retaliation on the part of your employer—retaliation such as wrongful termination or demotion.  I also see employers changing shift hours, or changing the amount of work hours offered as a form of retaliation.  It is important that you call me immediately after something like this happens to you at your work place. 

Discrimination

If you have experienced employment discrimination, sexual harassment, or harassment based on discrimination, you have the right as an American to pursue your claim against your employer for the damage they have caused.  If you were treated differently than one of your coworkers who has the same or similar position that you do, you may have a discrimination claim.  Most times, the types of work place discrimination I see typically involve employer related discrimination based on:

  • Age
  • Race
  • Sex/Gender
  • Sexual Harassment
  • Marital Status
  • Disability
  • Religion
  • Pregnancy
  • Sexual orientation

Discrimination

If you have experienced employment discrimination, sexual harassment, or harassment based on discrimination, you have the right as an American to pursue your claim against your employer for the damage they have caused.  If you were treated differently than one of your coworkers who has the same or similar position that you do, you may have a discrimination claim.  Most times, the types of work place discrimination I see typically involve employer related discrimination based on:

  • Age
  • Race
  • Sex/Gender
  • Sexual Harassment
  • Marital Status
  • Disability
  • Religion
  • Pregnancy
  • Sexual orientation

If a person less qualified than you is hired or promoted to a position you sought, you may have a discrimination claim if that person was of a different race, age, sex, national origin, religion, etc.  If you file a complaint of employment discrimination or sexual harassment, you may experience retaliation on the part of your employer—retaliation such as wrongful termination or demotion.  I also see employers changing shift hours, or changing the amount of work hours offered as a form of retaliation.  It is important that you call me immediately after something like this happens to you at your work place. 

Age, Sex and Race Discrimination

Most folks I talk to who have employment related discrimination claims typically have claims related to their age, their sex or their race.  Employers will do everything they can to point to another reason for a discriminatory act, and will most times blame the situation on “financial reasons” effecting the company.  There is a laundry list of things you can look for at work to determine whether you may be subject to discrimination based on your age, sex or race.  Some of these include:

Biased comments – These are the most obvious signs, but are also the most uncommon.  If your boss calls you “old man,” or asks you about your retirement plans, these are signs of age discrimination.  Likewise, any direct comment about your race or something along the lines of “I need a black (or white) person for this job,” are clearly signs of race discrimination.  The same is true for sex discrimination.  It is important that you document the comments and include the names of any witnesses, with the dates, times and places.

Comparisons – Pay attention to how other employees are treated.  If they are treated differently than you under the same circumstances, that could be evidence of age, sex and/or race discrimination.  Who was laid off and who wasn’t?  Pay particular attention to whether older people, or a certain sex or race were the primary targets for a lay off when less-qualified employees were kept on.  It is important that you document the comments and include the names of any witnesses, with the dates, times and places.

Discipline – If you’re disciplined for something that other employees do without consequences, they that could be a sign that your employer is building a case against you based on your age, sex or race.  It is important that you document the comments and include the names of any witnesses, with the dates, times and places.

Promotions – If you’re more qualified than another employee, but you’re not chosen for a promotion that you applied for, it may well be due to your age, sex or race.  It is important that you document the comments and include the names of any witnesses, with the dates, times and places.

Favoritism – If other employees are given the best leads, assignments and equipment, this could be a sign of age, sex or race discrimination.  Additionally, if other employees are excluded from key meetings, or if the boss only socializes with a certain group of employees, then these too may be signs of discrimination.  It is important that you document the comments and include the names of any witnesses, with the dates, times and places.

Age, Sex and Race Discrimination

Most folks I talk to who have employment related discrimination claims typically have claims related to their age, their sex or their race.  Employers will do everything they can to point to another reason for a discriminatory act, and will most times blame the situation on “financial reasons” effecting the company.  There is a laundry list of things you can look for at work to determine whether you may be subject to discrimination based on your age, sex or race.  Some of these include:

Biased comments – These are the most obvious signs, but are also the most uncommon.  If your boss calls you “old man,” or asks you about your retirement plans, these are signs of age discrimination.  Likewise, any direct comment about your race or something along the lines of “I need a black (or white) person for this job,” are clearly signs of race discrimination.  The same is true for sex discrimination.  It is important that you document the comments and include the names of any witnesses, with the dates, times and places.

Comparisons – Pay attention to how other employees are treated.  If they are treated differently than you under the same circumstances, that could be evidence of age, sex and/or race discrimination.  Who was laid off and who wasn’t?  Pay particular attention to whether older people, or a certain sex or race were the primary targets for a lay off when less-qualified employees were kept on.  It is important that you document the comments and include the names of any witnesses, with the dates, times and places.

Discipline – If you’re disciplined for something that other employees do without consequences, they that could be a sign that your employer is building a case against you based on your age, sex or race.  It is important that you document the comments and include the names of any witnesses, with the dates, times and places.

Promotions – If you’re more qualified than another employee, but you’re not chosen for a promotion that you applied for, it may well be due to your age, sex or race.  It is important that you document the comments and include the names of any witnesses, with the dates, times and places.

Favoritism – If other employees are given the best leads, assignments and equipment, this could be a sign of age, sex or race discrimination.  Additionally, if other employees are excluded from key meetings, or if the boss only socializes with a certain group of employees, then these too may be signs of discrimination.  It is important that you document the comments and include the names of any witnesses, with the dates, times and places.

Sexual Harassment

Unfortunately, sexual harassment remains alive and well in our modern workplaces.  We all have an image in our minds of a male boss or co-worker sexually harassing a female employee, and although this remains a common scenario, sexual harassment takes many shapes and forms in our modern workplaces.  For example, the boss may be a woman who is sexually harassing male co-workers, or the boss may be the same sex as other co-workers, but is of a different sexual orientation.  While every case is different, the following kinds of behavior could be grounds for a sexual harassment claim:

  • Repeated sexual advances
  • Promising promotions for sexual favors or dating
  • Sexually explicit emails, texts, social media messages or jokes
  • Unwanted touching – of ANY kind
  • Persistent uncomfortable comments about dress or personal appearance

This conduct in the workplace cannot be tolerated.  A person should not feel anxiety or fear over going to work because their boss or co-worker cannot control themselves.  In most cases, we find out that you are not the only victim, and the guilty person has a pattern of this behavior with others.  It is important that you document the comments and include the names of any witnesses, with the dates, times and places.

Sexual Harassment

Unfortunately, sexual harassment remains alive and well in our modern workplaces.  We all have an image in our minds of a male boss or co-worker sexually harassing a female employee, and although this remains a common scenario, sexual harassment takes many shapes and forms in our modern workplaces.  For example, the boss may be a woman who is sexually harassing male co-workers, or the boss may be the same sex as other co-workers, but is of a different sexual orientation.  While every case is different, the following kinds of behavior could be grounds for a sexual harassment claim:

  • Repeated sexual advances
  • Promising promotions for sexual favors or dating
  • Sexually explicit emails, texts, social media messages or jokes
  • Unwanted touching – of ANY kind
  • Persistent uncomfortable comments about dress or personal appearance

This conduct in the workplace cannot be tolerated.  A person should not feel anxiety or fear over going to work because their boss or co-worker cannot control themselves.  In most cases, we find out that you are not the only victim, and the guilty person has a pattern of this behavior with others.  It is important that you document the comments and include the names of any witnesses, with the dates, times and places.

What do I do?

It is important to know that general harassment or bullying will not arise to a discrimination lawsuit.  In other words, you cannot file a lawsuit against your boss or co-worker if you cannot get along with them or you do not like one another.  Sometimes, your boss is not a likeable person, and that’s just the way it is.  However, if you believe that you have been a victim of sexual harassment or harassment due to race, age, religion, national origin, disability, color, or retaliation for objecting to illegal activity in the workplace or at work functions, then you need to contact my office so we can discuss the particular facts of your potential claim.  I will investigate what happened, collect evidence, compare the facts of your situation with the applicable law and protect your legal rights.  In addition, you can always count on me to “shoot you straight” on whether pursuing a discrimination claim will be in your best interest.

The important thing is to do something.  Everyone deserves to work at their job free from unwanted sexual advances or forms of illegal harassment.  If you are being harassed, please follow your company’s internal reporting policies and call my office before you take any drastic action, such as quitting your job.  If you do not report harassment in writing and give your employer the opportunity to correct the situation, you may lose your right to bring an action.  Likewise, deciding to quit and move on only allows that person to continue in their pattern of conduct and discriminate against another.  

 

Pick the phone up and CALL ME if you have been the victim of discrimination or harassment in the work place, or to schedule your FREE consultation.

Let me help you OUTLAWYER the other side!!