Discrimination and Retaliation

Federal, state, and local laws prohibit discrimination and retaliation in the workplace. Discrimination generally means unequal or unfair treatment based on certain personal characteristics. Unlawful discrimination occurs when an employer fires, demotes, refuses to hire, or otherwise treats an employee unfairly because of his or her age, sex, race, disability, or other characteristics protected by law.

At LG Law, we represent employees who have suffered unlawful discrimination on the job. Lewis Galloway is experienced in investigating, negotiating, and successfully litigating cases involving employment discrimination claims. Victims of discrimination can seek compensation for lost pay and benefits, emotional pain and suffering, and other damages.

Types of Unlawful Discrimination

There are many personal characteristics protected under the law. Some of the most common kinds of claims handled by LG Law include:

Age Discrimination. It is illegal for an employer to discriminate against older employees based on their age. Employers over 40 years old are protected from being treated differently or being forced out of work as a result of their age.

Gender and Pregnancy Discrimination. Employers are prohibited from treating employees differently because of their gender, as well as discriminating against employees due to pregnancy or medical conditions related to pregnancy or childbirth.

Disability Discrimination. It is illegal to discriminate against a worker because of his or her physical or mental disability. Disabilities can be either short-term or long-term. Employers must provide a reasonable accommodation to employees with disabilities, and must engage in good faith discussions with the employees to determine what accommodations are needed.

Race and National Origin Discrimination. It is unlawful for an employer to discriminate against employees because of their race, color, ancestry, or national origin.

What Conduct Qualifies as Discrimination?

To successfully bring a claim for job discrimination, an employee has to show that the employer took a negative employment action against him or her, and that the negative employment action was at least in part motivated by discrimination. Negative employment actions can include:

  • Termination or firing
  • Being forced to quit
  • Demotion
  • Unfavorable transfer or job assignment
  • Decrease in pay or reduction of benefits
  • Denial of promotion or advancement
  • Failure to hire
  • Any other negative decision that significantly affects the terms or conditions of employment


How are Discrimination Cases Proven?

An employee does not need to prove that discrimination was the only motivating factor. Termination or other negative employment action may still be considered wrongful under the law if it is based on a mix of legal and illegal reasons.

Naturally, employers are unlikely to admit that they had any illegal reasons and that a discriminatory motive played any role in the negative employment action. There are two types of evidence that can be used to prove discrimination – direct and indirect. Direct evidence typically consists of discriminatory statements by the employer or supervisor.

Indirect evidence can come in many forms. Effective indirect evidence includes a showing that the employer’s stated reason for the negative employment action is untrue or makes no sense. For example, if an employer claims that the employee was terminated because there is not enough work but hired other employees shortly before the termination, the employee will have a good argument that discrimination must have played a role and that the termination was unlawful.

Another effective type of indirect evidence is a pattern of unfair treatment at work and that other co-workers with the same protected characteristics experienced negative treatment.

Retaliation

Federal, state, and local laws also prohibit retaliation in the workplace. Employers cannot alter the terms of your employment or fire you because you have exercised your rights or rightfully reported wrongdoing. Common retaliation complaints involve adverse employment actions following reports of discrimination or harassment, filing a workers’ compensation claim, seeking FMLA benefits, or objecting to or refusing to participate in an illegal activity.

Contact Us

If you believe you have discriminated unlawful discrimination at work, contact LG Law to assist you. You can call us at (888) 396-6410 or email us using the contact form on this page for a free consultation and to find out more about your rights and potential claims.

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