Discrimination & Retaliation

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Have you been discriminated against on the basis of sex, race, religion, national origin, age, or because you have a disability? We can help.

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Federal Laws Prohibiting Job Discrimination

  • Title VII of the Civil Rights Act of 1964 (Title VII), prohibits employment discrimination based on race, color, religion, sex, or national origin;

  • the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

  • the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

  • Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

  • Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; and

  • It is illegal to discriminate in any aspect of employment, including:

    hiring and firing;

    compensation, assignment, or classification of employees;

    transfer, promotion, layoff, or recall;

    job advertisements;

    recruitment;

    testing;

    use of company facilities;

    training and apprenticeship programs;

    fringe benefits;

    pay, retirement plans, and disability leave; or

    other terms and conditions of employment.

    Discriminatory practices under these laws also include:

    harassment on the basis of race, color, religion, sex, national origin, disability, genetic information, or age;

    retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;

    employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, or based on myths or assumptions about an individual's genetic information; and

    denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

    Many states and municipalities also have enacted protections against discrimination and harassment based on sexual orientation, status as a parent, marital status and political affiliation.

  • Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Race/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color. Discrimination can occur even when the victim and the person who inflicted the discrimination are the same race or color.

    National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background. National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin. As with race discrimination, discrimination can occur when the victim and the person who inflicted the discrimination are the same national origin.

    Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam and Judaism, but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion.

  • Gender discrimination and harassment involves treating someone (an applicant or employee) unfavorably because of that person's gender. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

    Further, it is unlawful to harass a person because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Many times, a victim of sexual harassment is not the only employee experiencing that type of hostility.

    Our experience and knowledge allow us to handle complex sexual harassment cases, including class action litigation. We’re dedicated to protecting our clients and their rights, whether the case involves one employee or multiple staff members.

    Gender identity discrimination, including because of one’s transgender status, is prohibited under Title VII’s provisions regarding sex discrimination. (The EEOC offers more information about LGBT-related sex discrimination claims.)

    Discrimination based on one’s sexual orientation is prohibited under Title VII’s provisions regarding sex discrimination. (The EEOC offers more information about LGBT-related sex discrimination claims.)

  • Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.

    Also, it is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in the victim being fired or demoted.

  • The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability and requires employers to engage in an interactive process to determine appropriate accommodations so that a disabled employee can work.

    The ADA, the Rehabilitation Act, and the Americans with Disabilities Act Amendments Act (ADAAA) protect the rights of individuals with disabilities. The ADA prohibits employers from discriminating against qualified individuals with disabilities. Employers cannot discriminate against individuals in job application procedures, hiring, firing, promotion, compensation, training, or other terms, conditions, or privileges of employment. A qualified employee with a disability is an individual who can perform the essential functions or responsibilities of the job, with or without a reasonable accommodation. Employers may be required to provide reasonable accommodations to individuals with a disability as long as the accommodation does not impose an undue hardship that requires significant difficulty or financial expense.

    The ADAAA became effective on January 1, 2009. This Act expanded the definition of “disability” and made it easier for individuals seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA. A disability may include any physical or mental impairment that substantially limits one or more major life activities, including:

    • seeing or hearing

    • eating or sleeping

    • standing or walking

    • reaching, bending or lifting

    • speaking

    • breathing

    • learning

    • thinking and concentrating

    • communicating and interacting with others

    • working or performing manual tasks

    • caring for oneself

    The ADA and ADAAA also protect individuals that have a record of a disability in the past or individuals that the employer believed to have a disability.

    Our disabled workers' rights attorneys represent people who are disabled and seeking employment. We are passionate about the rights of disabled people, knowing that these workers have much to contribute to businesses in America. We will work tirelessly to protect your rights and hold employers accountable if they discriminate against you.

  • The Age Discrimination in Employment Act (ADEA)protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. The ADEA prohibits, among other things:

    • statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ);

    • discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; and

    • denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

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The Americans with Disabilities Act (ADA)

The ADA prohibits discrimination based on disability in all employment practices. It is necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination:

  • An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having a disability. An entity subject to the ADA regards someone as having a disability when it takes an action prohibited by the ADA based on an actual or perceived impairment, except if the impairment is both transitory (lasting or expected to last six months or less) and minor. Major life activities are basic activities that most people in the general population can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, thinking, and eating. Major life activities also include the operation of a major bodily function, such as functions of the immune system normal cell growth, brain, neurological, and endocrine functions.

  • An individual with a disability is "qualified" if he or she satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.

  • Reasonable accommodation may include, but is not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters. Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids. A person who only meets the "regarded as" definition of disability is not entitled to receive a reasonable accommodation.

  • An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer's business. Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a business' size, financial resources, and the nature and structure of its operation.

  • Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity.

  • Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA's restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees.

What Remedies Are Available When Discrimination Is Found?

The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include:

  • back pay,

  • hiring,

  • promotion,

  • reinstatement,

  • front pay,

  • reasonable accommodation, or

  • other actions that will make an individual "whole" (in the condition s/he would have been but for the discrimination)

Remedies may also include payment of:

  •  attorneys' fees,

  • expert witness fees, and

  • court costs.

We diligently defend employees’ civil rights and hold employers accountable.