Are you being discriminated against at work? Learn the 6 types of discrimination in this article for guidance, then call our lawyers today.
1. Workplace Discrimination
It can be confusing sometimes whether or not what happened to you is considered discrimination. It is also hard to determine on your own whether or not that particular type of discrimination is protected under one of the laws that are enforced by either a federal law or a state law. If you believe that you’ve been subjected to discrimination, we recommend that you contact an experienced employment attorney.
If you come to our office, we will sit down with you and go over what you’re dealing with at work. We will listen to you tell your story, what you believe is discriminatory, and what’s happening to you. We will determine whether or not what is happening to you is something that we can do something about. If so, we can put you on the path to filing a charge of discrimination with the EEOC if that’s necessary or pursuing it through some other means. We recommend that if you feel like you’ve been discriminated against at work, don’t do that legal research on your own.
2. Age Discrimination
We recently had somebody contact our office who wanted help because they felt like they were being discriminated against on the basis of their age. The problem was that this particular person was only 23 years old. One thing to keep in mind is that the Age Discrimination in Employment Act only protects individuals that are age 40 years and older, what we refer to as the protected age group. The Age Discrimination in Employment Act is still a very important law. There are a lot of people who have been at work for a long time and are facing discriminatory comments, or making a mockery of their age, or making jokes about them. Harassment is a big issue with the Age Discrimination in Employment Act.
Another issue that people that are in that particular age group have is applying for positions. Some individuals go to apply for positions and the job posting is asking for somebody who is young, somebody who’s energetic, somebody who’s a recent term that has been used is digital native. All of those terms design to bring in somebody who is younger. If you’re applying for a position, and you can’t get that position, and they have something like that in their job posting, please contact us so that we can help you.
3. Gender Discrimination
Recent times have led to an increase of female employees voicing concerns regarding differences not only in treatment but differences in pay. Many female employees who have like and/or similar qualifications to their male counterparts are being paid less than people who are doing the same job who happen to be male. We run into that quite often here. There is a law that protects you: The Equal Pay Act, and even some provisions under Title VII that could protect women, the Lilly Ledbetter Act, and other acts that have recently been passed by our legislature and presidents. You should sit and talk with a lawyer about this because there is a detailed analysis that needs to be done. There’s a lot of forensic evidence and data that needs to be compiled because not it could not only be you, it could be a history that that employer has. I’ve seen it more than once where an employer has a history of paying women less.
This is a violation of our laws. This is discrimination and we can pursue it using the federal laws that protect you. It is wholly against the law to pay a woman less simply because she’s a woman when she has like, similar, or equal qualifications, and experience. You would want an experienced lawyer to look at that with you. It’s not something that you should turn a blind eye to. I would certainly urge you to talk to an experienced lawyer. There are laws out there to protect women in the workplace. The Equal Pay Act as enforced by the EEOC is one of those laws.
4. Religious Discrimination
We recently had someone come to us that was concerned about the things that were being said at work. The things that were said were related to their religious beliefs. They were called names and mocked. If you feel that you are in that situation, we highly recommend you speak to an attorney. If you speak with us we can let you know if that type of behavior is something that is protected under the law. We can give you the correct path to put a stop to that.
5. Pregnancy Discrimination
We recently had a client come to us in regards to issues involving her employment and her being pregnant. This on its face really is one of those areas of employment law and coverage that really needs a watchful eye and an experienced hand of an attorney that’s familiar with this kind of law. In some cases, we have women with pregnancy complications that make carrying a child and working while doing so quite difficult as it could be dangerous to the life of the baby and the mother. We have been asked if these types of issues such as pre-eclampsia is considered a disability. The Pregnancy Discrimination Act is not a product of the Americans with Disability Act. It’s a product of Title VII of the Civil Rights Act of 1964, which is discrimination based on sex. That’s because males can’t get pregnant, so there’s a certain set of criteria out of the Pregnancy Discrimination Act that requires that employers handle women who are with child a certain way.
There are claims that can arise under the ADA if there are complications with the pregnancy that would warrant and/or meet the Americans with Disabilities Act. It requires a very detailed analysis. There are questions that have to be answered as it relates to pregnancy. What happens when you need time off? What about doctors’ appointments after you birth the child? What if the child has issues after birth? What if you have issues after the birth of the child? How does Family Medical Leave Act play a role in the whole process? These are all questions that need to be answered by an attorney who’s experienced in that area that would represent your interests.
Oftentimes, employers aren’t as forthright as they should be in that area because they want you at work. The EEOC is a third-party neutral agency. They can only look at the facts from a neutral perspective that is submitted to them. If you are dealing with pregnancy issues and you have some concerns about your appointments, about some of the conditions that are associated with your pregnancy, and what your are rights under the appropriate laws, I would highly advise that you contact an experienced Phoenix attorney that deals and that has dealt in the area of Title VII and the Pregnancy Discrimination Act to make sure that your rights are adequately pursued.
6. Promotion Discrimination
We recently had a client contact us because they were denied a promotion. They felt that they were clearly the most qualified person for that position. They had the most experience for that position. Yet, the employer chose somebody who was younger than them who hadn’t worked for the company nearly as long. If you’re in that situation, I recommend that you contact an employment lawyer to find out what you can do because it’s possible that you were discriminated against on the basis of your age. It’s also possible you were discriminated against on the basis of a number of other protected categories. Please contact an employment lawyer to help you determine whether or not you were subjected to some type of promotion discrimination and what actions that you should take.
If you are the victim of workplace discrimination based on age, gender, religion, orientation, age, nationality, or any other protected class, you have rights and we can help protect them. After checking out these 6 types of discrimination that are often discussed, contact our experienced Phoenix employment lawyers to find out if you have a claim. We offer free confidential consultations and will fight to ensure your rights are fully protected under the law.