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Discrimination at Work
Discriminatory practices include demotion, termination, failure to hire or to train or promote based on a protected status such as: race, ethnic origin, ancestry, nationality, gender identity, gender expression, physical or mental disability, military/veteran status, medical condition, genetic information, religion, sex, age, sexual orientation, reporting wage issues, reporting harassment or reporting any safety violations.
For example, if you were fired because of your race or because you had a physical disability (even though you could perform the essential functions of your job with or without an accommodation), you may have a discrimination case against your employer.
- Specific injury: An employee sustains an injury or injuries on a specific day that requires immediate medical treatment. An example of such injury is an employee falling off a ladder during the course of employment and while performing the essential job functions of his/her job.
- Cumulative/Continuous trauma injury: An employee sustains an injury throughout time due to the repetitive motion and nature that the job requires. An example of such injury is a painter sustaining an injury to his neck and shoulder area due to the constant motion that painting requires.
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Employment Lawyer FAQs
Title VII Applies To Employers With?
What Is Title VII Of The Civil Rights Act Title VII of the Civil Rights Act of 1964 is a federal law that protects employees from discrimination based on a protected status or characteristics including race, color, national original, sex and religion. Title VII applies to employers with 15 or more employees. Employers may not discriminate against any employee in the terms or conditions of their employment. Employers are prohibited from discriminating against an employee or prospective employee on the basis of a protected characteristic. Discrimination involves an adverse employment action such as failure to hire, failing to promote, terminating an employee on the basis of their color or religion or another protected status. Discrimination can come in several forms including discrimination based on perceived racial, national, sexual or religious characteristics or on the basis of associating with those who are protected.
What Should I Do If I Believe If I Have Been Discriminated Against Under Title VII?
If you believe you are suffering from workplace discrimination you should immediately contact an employment law attorney to discuss your situation. Do not wait as there are strict deadlines concerning filing discrimination matters.
How Long Do I Have To File a Charge of Discrimination With the EEOC?
You only have 180 days from the discriminatory event to file a discrimination charge with the EEOC.
Can My Employer Take Action Against Me For Filing A Discrimination Charge?
No. Employers violate the law if they retaliate against an employee for filing a discrimination charge under Title VII. Employers are prohibited from demoting or terminating an employee or taking other adverse employment actions against employees who file Title VII claims.
I’m Not Sure If I Want To File An EEOC Charge Yet What Steps Can I Take To Protect Myself?
Report discriminatory conduct to your Human Resources department in writing. Keep written notes at home regarding any discriminatory conduct you witness or experience. Seek out an experienced employment law attorney to discuss the discriminatory conduct and next steps. Keep in mind that there are short deadlines to file a discrimination case so seek assistance immediately.