Employers can discriminate against you by refusing to hire due to a disability or protected class, unlawfully terminating your employment, or not providing reasonable accommodation. You could also experience harassment due to your sexual orientation, gender, national origin, or other personal characteristics. Although you’re entitled to seek financial compensation by filing an employment discrimination lawsuit, these cases can be notoriously hard to prove. Retaining a lawyer through The Riddell Law Group as soon as possible helps to preserve your rights while letting your employer know you’re serious about receiving fair treatment.
Common Examples of Workplace Discrimination
Although workplaces discrimination can take on dozens of forms, the following are the most common reasons for employees to seek legal services through our Martinsburg, WV law firm.
- Race: The Civil Rights Act of 1964 makes it illegal to discriminate in employment on the basis of race. The regulation extends to hiring, job assignments, promotions, salary, training, harassment, and termination.
- Age: ADEA, which stands for Age Discrimination in Employment Act makes it illegal to discriminate against workers over age 40. The regulation similarly extends to hiring, job assignments, promotions, salary, training, harassment and termination.
- Disability: Along with local and state laws, the Americans with Disabilities Act (ADA) outlaws any type of discrimination based on specific disabilities if that person has the same qualifications for the job as anyone else. Employers also cannot refuse to make a reasonable accommodation for the employee’s disability to ensure that he or she can perform the job.
- Family Responsibility: Employers that practice this form of discrimination assume knowledge of how an employee might act due to family responsibilities such as child or elder care. They cross the line to discrimination when they make decisions such as hiring or promotion based on that assumption. This is especially common when an employee’s family situation changes. Birth of a child and an employee’s family member who requires his or her caretaking services are two typical examples. The employee may face hostility upon return for perceived lack of dedication to the job.
- Pregnancy: State and federal laws prohibit employers from discriminating against female employees or potential employees based on pregnancy status. This includes refusal to hire, termination, fewer opportunities in the workplace, and overall less favorable treatment due to pregnancy.
- Religion: Under the mandates of the Civil Rights Act of 1964 Title VII, employers may not discriminate against employees due to their religion or lack of religion. It includes harassment as well as adverse employment actions. Title VII also requires employers to provide employees with reasonable accommodations to practice their religion unless they can demonstrate that doing so would cause an undue hardship.
- Sexual Orientation: Numerous local, state, and federal laws protect workers who identify themselves as gay, lesbian, bisexual, or transgender from any type of employment discrimination.
Employers Cannot Retaliate
State and federal laws also exist to prevent employers from retaliating against any employee who files a complaint about discriminatory action. Employees may complain to the Equal Employment Opportunity Commission (EEOC) or to the human resources department of the company. Typical examples of workplace retaliation include demotion, refusal to hire, termination, or transfer to a less desirable shift or forcing the worker to take on job duties well above or below his or her skill level.
Have You Been the Victim of Employment Discrimination?
Perhaps you have felt upset about your employment situation but never really considered it discrimination until reading these descriptions. Whether you suspected discrimination from the start or not, we are here to help makes things right again. We invite you to contact our Martinsburg, WV law office today to request a free review of your employment discrimination case. The offer extends whether you’re a current or former employee of the company you’re considering filing a lawsuit against or a person refused hire for a discriminatory reason.