Employment Discrimination Occurs When You Experience Harassment at Work Based on a Protected Class.
Employment discrimination occurs when an employer, CEO, supervisor, manager, coworker, client, customer, or nonemployee targets you for negative employment actions and harassment because you belong to a protected class. It can also result in punishment in the workplace (retaliation). Retaliation includes getting fired from work, demoted, or even moved to another position or department.
When you experience employment discrimination in the workplace, you have the right to fight for justice and compensation. You deserve an employment discrimination lawyer that will stand by your side and help you in that fight. The experienced employment discrimination lawyers at the Derek Smith Law Group will help you fight for your employment rights in Philadelphia, Miami, Los Angeles, New York City, and New Jersey.
What Is Employment Discrimination?
Is Sexual Harassment a Form of Employment Discrimination?
Sexual harassment is unwelcome sexual contact, comments, or advances in the workplace. It falls under the laws protecting you from sex and gender discrimination at work. Therefore, under federal law, sexual harassment is a form of employment discrimination. However, some state laws provide longer time limits to file claims and more penalties for sexual harassment.
Does Employment Discrimination Create a Hostile Work Environment?
A hostile work environment occurs when you experience such harsh harassment that you can no longer complete your daily work functions. Employment discrimination can create a hostile work environment when the discrimination makes it impossible for you to work. You may quit your job instead of facing constant harassment and negative treatment in the workplace.
Does Employment Discrimination Include Retaliation?
If you are the victim of retaliation, you may have an employment discrimination claim. When your employer punishes you for complaining about discrimination, reporting negative employment actions, or speaking up for your rights, it is retaliation. An employer may use retaliation to punish you for exercising your rights and prevent other employees from repeating your actions.
Types of Retaliation
Retaliation can take many forms. Any form of punishment against an employee can be an act of retaliation. For instance, you can get fired from work in an act of wrongful termination. You can lose a promotion, get demoted, receive a reduction in pay, or receive negative employment reviews and write-ups.
Any negative employment action taken against you because you spoke up against discrimination, sexual harassment, or illegal activities can be a form of retaliation.
Do You Need to be a Protected Class Member to Claim Retaliation?
What Does Employment Discrimination Look Like?
Employment discrimination takes many forms. Some examples of discrimination in the workplace may include:
1. You have severe anxiety. Your doctor prescribed you medical marijuana to help you calm your anxiety. You live in New Jersey and work in Pennsylvania. Both states maintain laws protecting you from negative employment actions based on your use of medical marijuana off-hours.
Your boss makes you take a drug test. Your test shows a positive result for marijuana. You present your medical marijuana card. Your employer fires you from work, claiming that you do not have the right to use marijuana off-hours, and if you don’t use it, he worries you will go “postal” at work due to your anxiety.
This form of discrimination targets your disability as well as your legal use of medical marijuana.
2. You are a practicing Muslim. You must wear a hijab under your uniform, as well as long sleeves. Your coworker makes horrible comments about your clothing and your religion daily. At times he tries to pull your hijab off as he tries to “see your hair.”
You complain to your supervisor, but nothing happens. You feel so degraded and humiliated that you quit your job to stop the abuse. The hostile work environment causes you to quit your job.
Does Your Employer Have to Stop Discrimination at Work?
Your employer has an obligation to provide a safe work environment free from harassment and discrimination. Therefore, once they become aware of any workplace discrimination, they must act to stop the problem. If they ignore the problem or retaliate against you instead, they are violating the law.
What Can You Do If You Are a Victim of Employment Discrimination?
As a victim of employment discrimination, you have the right to seek compensation. You can file a claim with the appropriate federal or state agency within the time limit set by law. Federal law requires you to file your charge for employment discrimination or retaliation with the EEOC within 180 days in most states (300 in some states).
Discuss your options with an employment lawyer in your state to learn more about your rights under state laws. Each state maintains laws against employment discrimination providing specific statutes of limitations to file your claim and the procedures you must follow.
Do You Need an Employment Discrimination Lawyer for Your Claim?
Employment discrimination is a serious act against your rights in the workplace. You have the right to seek justice for your ordeal. You need a dedicated employment lawyer to help you file your charge and move forward with the process.
Your employment discrimination attorney can help file your claim within the proper time limit set by the courts. They can ensure you file your claim under the proper laws. They can help you request the compensation you deserve from the courts.
Your lawyer will help you negotiate a settlement with your employer before you file your charge with the federal or state agency. They will help you as your advocate throughout the entire process until you reach a settlement or receive a court judgment.
Our Experienced Discrimination and Harassment Lawyers Are Here to Help
If you have a claim for a hostile work environment, discrimination, or retaliation under the law, you have the right to seek compensation. For over 25 years, the Derek Smith Law Group’s experienced attorneys have helped employees understand their rights and determine if they have a case. If you are the victim of employment discrimination, our lawyers are here to help.
Did You Experience Employment Discrimination or Retaliation in the Workplace? Do You Want to Know More About Your Rights? Please Call Us at 800.807.2209 for a Free Consultation.