Legal News Feeds

Employment Discrimination News

• April 7, 2005, New York Times, UBS Ordered to Pay $29 Million in Sex Bias Lawsuit

• March 2005, USA Today, Justices rule for over-40 workers - Deliberate bias not a condition

• October 11, 2004, Boston.com, Justice to pay $11.5m in preferential treatment case

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Have you been the victim of discrimination on the job, due to race, age, sex, national origin, disability or religion? Employment discrimination falls into many specific categories, including Wrongful Termination, Whistle Blowing, Workers Compensation, Sexual Harassment, Discrimination due to taking Family or Medical Leave, Disability Discrimination and many more.

If you answered YES to the question above, your next step is to contact a lawyer experienced in employment discrimination law.

Wrongful Termination is described as the inappropriate firing of an employee. Many terminations that people think of as "wrongful" aren't illegal. In most states, employment is "at will". This means that the employer can fire the employee for no reason or any reason. An exception to this rule is discrimination. Even if the employee is at-will and does not have job security, workers are still protected from termination for illegal reasons. There are many federal and state laws that make reasons for adverse employment action illegal.

Federal and state anti-employment discrimination laws prohibit discrimination in the work place based on an employee's race, color, religion, age, gender, or disability. These are all reasons for challenging a wrongful termination.

Whistle Blowing is referred to as “the reporting of illegal activity of an employer to a government or law enforcement agency.” If an employee reports alleged illegal activity to a government or law enforcement agency, he or she is protected under the law of whistle blowing. An employer cannot retaliate against the employee, fire the employee, or mistreat the employee for whistle blowing.

Workers Compensation is a system designed to provide benefits to workers who have work-related injuries, illnesses or diseases. A work-related injury is any injury that occurs as a result of your employment. When you have a work-related injury or illness you are entitled to benefits whether the injury was your fault, your employer’s fault or nobody’s fault. When an employer refuses to pay workers compensation benefits after a work-related injury, this is considered workers compensation discrimination.

Sexual Harassment in the workplace falls under two categories:

1. Hostile Environment - This type of sexual harassment occurs when your work environment becomes hostile because of sexual overtures, sexual advances, sexually-related talk, or sexual innuendo that causes you to be significantly uncomfortable in your working environment.
    

2. Quid Pro Quo - This type of sexual harassment is committed when your supervisor tries to get you to exchange sexual favors for job benefits or threatens to hurt your career if do not provide such favors.

Anyone who is offended by a sexually harassing environment may theoretically sue. However, that employee's offense must be reasonable. Victims of sexual harassment in the workplace can recover for their lost wages, future lost wages, emotional distress, punitive damages, and attorney fees.

The Family and Medical Leave Act allows employees to take up to 12 weeks of unpaid leave for certain family and medical reasons, without having to worry about losing their jobs. However, the regulations are long and complex, which sometimes cause confusion for both employees and employers. To be eligible to take such leave the employee must have worked for the employer for at least one year and must have worked for at least 1,250 hours before the leave.

An eligible employee is entitled to 12 workweeks of unpaid leave during any 12-month period for any one or more of the following reasons:

1. to give birth or to care for an infant son or daughter;

2. to care for a child placed with the employee for adoption or foster care;

3. to care for the employee's spouse, son, daughter, or parent who has a serious health condition; or

4. to address the employee's serious health condition making the employee unable to perform his or her job.

Disability Discrimination on the job is illegal. The Americans with Disabilities Act (ADA) prohibits employers from engaging in discriminatory conduct on the basis of an employee's disability. Employers may not limit, segregate or classify jobs in such a way as to discriminate; contract or arrange with others to discriminate; or exclude or deny qualified individuals from jobs or benefits on the basis of disability. In addition, an employer must make "reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability." Failure to do this can result in a disability discrimination lawsuit.

If you feel you have been the victim of employment discrimination due to race, age, sex, national origin, disability or religion, contact an attorney experienced in employment law to assess your case.