Your employer cannot use any of your "protected traits" (listed below) as a factor when making important employment decisions like hiring, firing, compensation, promotions, demotions, transfers, or layoffs. The legally-protected traits are:
- national origin;
- gender (including pregnancy);
- age; and
Your employer is also prohibited from harassing you based on your race, national origin, religion, sex, age, or disability. Illegal harassment consists of repeated derogatory comments, jokes or other unfavorable treatment on the basis of an individual's race, national origin, sex, age, religion or disability.
If you're being discriminated against because of something you did or said, that's called Retaliation. Discrimination is based on who you are - your fixed personal traits.
Not all discrimination is illegal. The discrimination or harassment must be based on one of the legally-protected traits listed above. Many types of differential treatment are perfectly legal. For example, employers are free to discriminate based on credit scores, a preference for family members, your job history, or even the color of your shirt. Although it may be unfair to treat someone differently based on those factors, it is not illegal to do so.
HOW WE CAN HELP:
If you are a victim of workplace discrimination, we can help you in multiple ways.
Make it Stop. If we are retained early enough, we can sometimes convince your employer to intervene on your behalf. The offending supervisor may be fired or relocated, or if you desire, you may be moved to a different location. We'll help you through the process, and make sure your employer follows the law throughout.
Negotiate an Exit. In many discrimination cases, our clients simply want to get out. We can often negotiate an exit package that preserves your reputation, your access to unemployment benefits, and your ability to get a new job.
- Discrimination Lawsuits. If your employer is unwilling to negotiate an out-of-court resolution, a lawsuit may be in order. We represent discrimination clients in court, in arbitrations, and in front of the EEOC. We'll make sure you understand all of the risks and benefits involved, and if you decide to sue, we'll shepherd you through - continuously advocating for your rights, and keeping your best interests on the front burner at all t