Most people know that laws exist to protect employees from discrimination and harassment. However, many don't know these laws also protect employees from retaliation. That means employers cannot punish employees for making discrimination or harassment complaints or participating in workplace investigations. And punishment doesn't just mean firing or demotion: It can include other negative employment actions, too.
What is Retaliation? When an employee takes action in response to wrong-doing by a fellow employer, manager, or the employer itself, that is considered a “protected activity.” If the employer then punishes the employee, or takes an “adverse action” against the employee, in response to the report,
Question: I told our company human resources manager that my supervisor is constantly hitting on a female coworker. The HR manager said he investigated the matter, but I never heard back on the result of the investigation. However, I was recently demoted, with a significant cut in my hours and pay. My
You just lost your job, and you think it’s because you recently reported illegal workplace harassment to your employer. You’re considering hiring a lawyer to sue your former employer for retaliation, but you want to know how much it’s going to cost you. This article will give you an idea of what
Questions I just found out that I carry the genetic marker for a serious disease; can my company fire me if they find out? My former coworker asked me to be a witness in her sexual harassment complaint, but I'm afraid I'll get fired. What are my rights? Can my employer refuse to promote me to a position
Disparate treatment is a way to prove illegal employment discrimination. An employee who makes a disparate treatment claim alleges that he or she was treated differently than other employees who were similarly situated, and that the difference was based on a protected characteristic. In other words,
Disparate impact is a way to prove employment discrimination based on the effect of an employment policy or practice rather than the intent behind it. Laws that prohibit employment discrimination apply not only to intentional discrimination, but also to apparently neutral policies and practices that
If you have evidence that you were treated differently based on any of the categories protected by the antidiscrimination laws, an employment lawyer will very likely want to meet with you about a possible case. In this article, we discuss how a lawyer would assess your employment discrimination case
The Equal Employment Opportunity Commission (EEOC) is an agency of the federal government, created by the Civil Rights Act of 1964 (Title VII). The purpose of the EEOC is to interpret and enforce federal laws prohibiting discrimination. To achieve these goals, the EEOC holds hearings, administers equal
If you believe your employer has discriminated against you, you should talk to an employment lawyer to learn about your rights. But, before you do that, you may want some idea of how much a lawyer will charge you. While attorneys’ fees vary from lawyer to lawyer, this article will give you a sense
Are you unhappy with your employment lawyer? You may have carefully selected a lawyer to represent you in your employment discrimination case but, after working with the lawyer, you’ve decided he or she is just not right for you or your case. Can you change lawyers? And is it a good idea to do so?