Why Should I Consult With an Attorney?

There are laws that protect you from workplace discrimination if the discrimination is based on your: race, religion, national origin, color, sex (including gender, gender identity, pregnancy, and sexual orientation), or disability.

Examples of conduct that may constitute unlawful discrimination:

• Race Discrimination: For the same infraction, the white employee was issued discipline, but the black employee was not.  
• Religious Discrimination: Christians are allowed to take leave for religious holidays, but Muslims are not.
• National Origin: Denying benefits to employees because of their ancestry.
• Gender or Sex Discrimination: Offering overtime to women but not men.
• Pregnancy Discrimination: Demoting or terminating pregnant employees upon learning of their pregnancy.
• Sexual Orientation or Gender Identity Discrimination: Failing to promote employees who are openly gay.
• Disability Discrimination: Refusing to make reasonable accommodations for disabled employees. 

Discrimination comes in many forms. Consult with a qualified attorney to determine whether you have grounds for a discrimination claim.

The same laws that protect you from workplace discrimination (differential treatment) also protect you from workplace harassment.

However, not all harassment is illegal. An unlawful hostile work environment only exists where there is severe or pervasive unwelcome conduct based on your race, religion, national origin, color, sex (including gender, gender identity, pregnancy and sexual orientation), or disability.

Examples of conduct that may constitute a Hostile Work Environment:

• Use of slurs.
• Making offensive comments about members of a particular group.
• Referencing derogatory stereotypes.
• Making "jokes" about a particular group.
• Physical threats/assaults.
• Harassment based on traits or characteristics linked to an individual’s race, such as the name, cultural dress, accent or manner of speech, and physical characteristics
• Harassment regarding traits or characteristics linked to an individual’s national origin, such as physical characteristics, ancestry, or ethnic or cultural characteristics (e.g., attire or diet), and linguistic characteristics (e.g., non-English language accent or a lack of fluency in English).
• Harassment based on traits or characteristics linked to an individual’s disability, such as how an individual speaks, looks, or moves. 

Harassment comes in many forms. Consult with a qualified attorney to determine whether you have grounds for a Hostile Work Environment claim.

Laws prohibit your employer from retaliating against for reporting discrimination, filing a discrimination charge, participating in an investigation or proceeding, or otherwise opposing unlawful discrimination. 

Examples of conduct that may constitute unlawful retaliation:

• Work-related threats.
• Threatening reassignment.
• Involuntary transfers.
• Negative or lowered evaluations
• Transfers to less prestigious or desirable work or work locations.
• Abusive scheduling.
• Subjecting an employee to unwarranted discipline, demotion, or other adverse treatment.
• Scrutinizing work or attendance more closely than that of other employees, without justification.
• Abusive verbal or physical behavior.

Retaliation comes in many forms. Consult with a qualified attorney to determine whether you have grounds for a retaliation claim.