Discrimination

It is important that individuals understand and realize that federal, state, and local laws are on the books to protect employees from employer discrimination. Certain discriminations are prohibited under federal and state laws:

  • Race
  • Color
  • Age
  • Gender
  • Sexual harassment
  • Pregnancy
  • National origin
  • Religion or failure to provide a religious accommodation
  • Equal pay
  • Disability or failure to provide a reasonable accommodation

In most cases for an employee to prevail on an employment discrimination claim, the employer must usually take some tangible action against the employee, such as a termination or demotion. Moreover, the action must be taken because the employee is a member of a protected class, such as any of the above listed classes.

Race/Color/National Origin Discrimination

State and federal laws prohibit employers from discriminating on race, color, or national origin. Employers are prohibited from making hiring and other employment decisions based on these traits. Therefore, employment decisions, such as hiring, firing, promoting, or demoting, may not be based on your place of birth, surname or linguistic characteristics.

If you believe you have been discriminated against because of your race, color and/or national origin, please contact THE LAW OFFICE OF CARABIN & SHAW, an employment attorney will be able to discuss your options with you.

Age Discrimination

The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employers and applicants who are 40 years of age and older based on their age. Examples of possible discrimination may be where an employer (1) hires a younger applicant although you are equally or more qualified for the job, or (2) promotes a younger employee, or (3) makes statements to you such as you are “too old” or “too slow.”

If you believe you have been discriminated against because of your age, please contact THE LAW OFFICE OF CARABIN & SHAW, an employment attorney will be able to discuss your options with you.

Sex Discrimination (sexual harassment, pregnancy and equal pay)

Title VII of the Civil Rights Act of 1964, as amended, prohibits employers from discriminating against applicants and employees on the basis of sex. Any discrimination on the basis of sex, including sexual harassment, pregnancy or equal pay, that impacts the terms and conditions of employment is illegal. Terms and conditions of employment refer to most aspects of a job, such as your compensation, benefits, and working conditions.

The Pregnancy Discrimination Act, an amendment to Title VII of the Civil Rights Act of 1964, prohibits discrimination on the basis of pregnancy, childbirth or related medical conditions. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Despite great progress in education and work experience over the last several decades, women still do not earn the same pay as men. The Equal Pay Act levels the playing field by prohibiting discrimination on the basis of sex in the area of pay or compensation.

If you believe you have been sexually harassed or discriminated against because of your sex, please contact THE LAW OFFICE OF CARABIN & SHAW, an employment attorney will be able to discuss your options with you.

Disability Discrimination

The Americans with Disabilities Act (ADA) prohibits most employers from discriminating against a qualified individual because of a disability or a perceived disability. The employee must be able to perform the essential functions of the job with or without accommodation to qualify for ADA protection.

If you have been discriminated against because of your disability or denied a reasonable accommodation, please contact THE LAW OFFICE OF CARABIN & SHAW today.

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