Discrimination at Work Attorneys
Everyone deserves the right to earn a living, regardless of their race, gender, age, or religious beliefs. Unfortunately, prejudice, stereotypes, and intolerance still plague the working world. Discrimination at work harms employees’ mental health, career goals, and earning capacity. Treating workers differently because of inherent personal characteristics is not only unfair—it’s also illegal.
If you’re facing workplace discrimination, contacting a qualified discrimination employment attorney is an essential first step. At Rissmiller PLLC, we’ve seen firsthand how damaging workplace discrimination can be. We’re prepared to help you take action against discriminatory treatment and assert your right to fair and equal treatment in the workplace.
Understanding Discrimination at Work
Put simply, employment discrimination occurs when employers judge employees for who they are, not what they do at work.
Federal, state, and local anti-discrimination laws ban employers from making job-related decisions based on specific personal characteristics, such as disability, race, gender, religion, and age. In legal terms, these characteristics are called “protected classes.” When someone is treated unfairly because they are part of a protected class, it is considered discrimination.
Discrimination can occur during any part of the employment relationship, including:
- Hiring
- Firing
- Recruitment
- Pay
- Promotion
- Employment benefits
- Access to assignments
- Scheduling
- Discipline
- Other terms or conditions of employment
Often, employers and their representatives (e.g., managers and supervisors) are the primary sources of discriminatory treatment. However, employees can suffer discrimination from coworkers and even subordinates.
Federal Employee Protections
Several federal laws protect employees from workplace discrimination. Here are some of the main ones to know about.
Title VII of the Civil Rights Act
The Civil Rights Act of 1964 forbids discrimination against employees or job candidates based on the following characteristics:
- Race;
- Color;
- Religion;
- Sex (including pregnancy, sexual orientation, and gender identity); and
- National origin.
Title VII’s discrimination protections apply to all private-sector employees who work for an employer with 15 or more employees.
Americans With Disabilities Act (ADA)
The ADA grants employees with physical or mental disabilities the right to equal opportunities at work. Under the ADA, if someone is qualified to perform the essential functions of a role, employers cannot legally discriminate against them due to a medical or psychological impairment. The ADA also requires employers to provide reasonable accommodations to support employees with disabilities in managing their limitations at work.
Age Discrimination in Employment Act (ADEA)
The ADEA prohibits age-based discrimination against employees aged 40 and older. Federal law does not protect employees under 40 from age discrimination, though some states do extend protections to younger employees.
Pregnancy Discrimination Act (PDA)
This law protects the rights of employees during and after pregnancy. Under the PDA, employers may not fire, demote, or refuse to hire someone due to pregnancy. Employers also cannot force a pregnant employee to take a leave of absence or reduce their hours. The PDA requires employers to treat pregnancy the same as any other short-term disability, including offering reasonable accommodations to employees when appropriate. Further, the Pregnant Workers Fairness Act (PWFA), effective June 2023, mandates that employers provide reasonable accommodations for limitations associated with pregnancy, childbirth, or related medical conditions.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
USERRA makes it illegal for employers to discriminate against employees based on their past, present, or future military service. If an employee takes leave for qualifying military service, USERRA guarantees them the right to return to their prior role, salary, and seniority upon return. This law applies to all private-sector employers, regardless of size. Its protections also cover National Guard members and reservists.
What Discrimination Looks Like
Workplace discrimination can manifest in various ways. Examples include:
- Refusing to provide accommodations for a disability;
- Excluding employees of a specific race from company resources or networks;
- Denying older employees access to training;
- Asking applicants about their sexual orientation during an interview;
- Harassment targeting specific religious groups;
- Disciplining employees differently because of gender;
- Withholding health benefits from military employees; and
- Limiting foreign-born employees to non-customer-facing roles.
You don’t have to be a minority within a protected class to experience discrimination. For example, a female supervisor may discriminate by promoting less qualified female employees over qualified male employees.
When to Contact a Lawyer for Workplace Discrimination
If you’re concerned about unfair treatment at work due to discrimination, it’s best to contact a workplace discrimination lawyer as soon as possible. Even if you’re unsure if your situation counts as illegal discrimination, a legal professional can evaluate your case and advise you on your rights.
Contacting a lawyer promptly is crucial, as federal laws impose strict deadlines for taking action. Delaying could result in losing the opportunity to seek justice for workplace discrimination.
How Discrimination at Work Attorneys Can Help
Legal expertise is critical for protecting yourself while addressing workplace discrimination. An experienced employment attorney can help you:
- Document your complaint. Your lawyer can help you make a clear, detailed record of your discriminatory experiences and prepare to make a report to HR.
- Collect evidence to prove discrimination. Since most employers understand that discrimination is illegal, evidence of bias may be hard to find. Experienced lawyers can help collect documentation and witness statements to support your claim.
- Identify retaliation. If you face backlash after reporting discrimination, your lawyer can help you recognize and respond to retaliation.
- Seek compensation. Your attorney can help you take legal action to hold the perpetrator of your discrimination accountable and recover financial relief for your suffering. Compensation can include back pay, lost future wages, emotional distress, and even punitive damages.
Employers have a legal duty to protect employees from discrimination. When they fail, an attorney can help you assert your rights and hold them accountable.
Rissmiller PLLC: Your Attorney for Discrimination at Work
Speaking out about workplace discrimination can be intimidating. You don’t have to face it alone. At Rissmiller PLLC, our mission is to empower employees to exercise their rights in the face of unfair and unlawful treatment. Attorney Alex Rissmiller has extensive experience advocating for clients facing discrimination, sexual harassment, wrongful termination, and retaliation. At Rissmiller PLLC, you’ll receive personalized and compassionate legal support. Contact us today for a free consultation and learn how we can help