Discrimination & Retaliation

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.