Discrimination, Harassment & Retaliation
The discrimination and harassment laws only apply if you are a member of one or more of the “protected categories” below. Discrimination in the workplace occurs when your employer treats you differently from other employees because of membership in certain “protected categories” such as:
- Race
- National Origin
- Sex
- Age
- Religion or Creed
- Marital/Partnership Status
- Genetic Characteristics
- Sexual Orientation
- Disability
- Color
- Pregnancy
- Alienage
- Arrest or Conviction Record
The law says that employees must be able to work in an environment that is free from discrimination or harassment. This means that even if you have been terminated from employment, your employer acted wrongly if the termination was based on any of the “protected categories” above. Oftentimes, an employer or supervisor may treat you differently by refusing to promote you, pay you a bonus, pay you wages, or provide training, simply because you are a member of a protected category. In such an instance you have federal and state laws that can protect you, even if you have already been terminated.
Retaliation
The law prohibits employers from discriminating against you, and forbids employers from punishing or even firing you if you complained about discrimination or harassment. The law also protects you if you have helped a fellow employee report discrimination or if you participated in an investigation concerning discrimination. In such an instance, no employer has a right to retaliate against you and adversely alter your employment due to your reporting discrimination or harassment in the workplace.
Kindly contact our office to determine if you have a case for discrimination, harassment or retaliation.
Harassment
Harassment and discrimination often go hand in hand. If an employer is discriminating against you because of your “protected category” of race or sex, they may also be harassing you by constantly mocking you or making jokes about your age, disability, race or sex, or any of the other “protected categories”. An employer asking an employee for sexual favors would also fall in this category.
Kindly contact our office to determine if you have a case for discrimination, harassment or retaliation.
Timeline for Private Sector Employees to File a Claim
You should note that unless it is a case of continuing harassment, an employee generally has 180 days, or where there is a state agency enforcing the same rights, 300 days, from the date of a discriminatory act or termination to file a charge with the Equal Employment Opportunity Commission (EEOC) or relevant state agency.
You can file a charge by clicking on this link: http://www.eeoc.gov/employees/howtofile.cfm
Timeline for Federal Employees to File a Claim
If you are a federal employee you have 45 days from the date of the discriminatory act to file a claim with the Federal Agency where you are employed. There are, however. many exceptions to the 45-day rule. Thus, even if your claim of discrimination, harassment or retaliation is more than 45 days old, you may still be able to file a claim with the appropriate federal agency.
Kindly contact our office if you need help in filing a claim.
