Workplace Discrimination Attorneys
An employee who has suffered from workplace discrimination could experience emotional distress, lost income, missed opportunities for job advancement, and more. The effects of workplace discrimination can last throughout your career. There are, however, laws that are designed to protect employees from workplace discrimination, so if you’ve been a victim, don’t wait to contact Farah & Farah’s experienced workplace discrimination attorneys.
Why Should You Consult a Workplace Discrimination Attorney?
If you are a victim of workplace discrimination, you should discuss your options with an attorney. Discrimination in the workplace is illegal and companies that allow that kind of behavior may face repercussions like loss of productivity and morale, poor public image, and more on top of facing lawsuits.
Before you decide whether or not you want to pursue legal action, contact Farah & Farah for a free consultation regarding your legal options.
What To Expect With Farah & Farah’s Workplace Discrimination Attorneys
The experienced workplace discrimination lawyers at Farah & Farah are here to address your concerns, thoroughly investigate your case, and assist you in achieving the resolution you seek. If you’re experiencing hardship through no fault of your own, your voice deserves to be heard.
Farah & Farah are committed to advocating for your right to justice and, where relevant, securing compensation for any state or federal discrimination violations you’ve endured. Whether you’ve suffered financial loss or impacts on your health and well-being, we stand by your side. Our dedicated team of skilled attorneys collaborates closely to ensure you receive unparalleled service and support.
What Is Employment Discrimination?
Workplace discrimination arises when an employee or job applicant receives unfavorable treatment compared to others in the work environment due to specific characteristics or attributes. This inequitable treatment can stem from the individual’s race, color, religion, sex (inclusive of pregnancy, gender identity, and sexual orientation), national origin, disability, age (particularly those aged 40 or above), or genetic information. Discrimination in the workplace can take diverse forms and affect any aspect of employment, including but not limited to hiring, termination, promotions, salary allocation, training opportunities, and other terms, conditions, or privileges associated with employment.
What Are Some Examples of Discrimination in the Workplace?
Workplace discrimination encompasses a variety of behaviors and actions that result in unfair treatment of employees. Common examples of such discriminatory practices include not only unfair treatment based on race, gender, age, or sexual orientation but also workplace harassment, which creates a hostile environment for the affected individuals. Additionally, discrimination might manifest in the denial of reasonable accommodation for disabilities, blatant invasion of privacy by unnecessarily prying into personal matters, and retaliation against employees who stand up for their rights or report violations. Each of these instances contributes to a toxic work environment, undermining equity and diversity in the workplace.
Unfair Treatment
An example of this type of discrimination might involve a well-qualified employee being overlooked for a promotion due to race, gender, or another protected characteristic. This occurs even though they possess similar or even superior qualifications compared to their promoted counterparts. Such scenarios highlight the ongoing challenges and biases that exist within the workplace, undermining both fairness and equality.
Workplace Harassment
This involves unwanted conduct that targets a person’s protected characteristics, such as their race, gender, religion, or sexual orientation. Harassment can originate from various sources within the workplace, including managers, coworkers, or even clients, contributing to a toxic work culture. It may encompass a wide range of offensive behaviors, including crude jokes, racial or ethnic slurs, derogatory name-calling, unwelcome physical contact, assaults, or threats. These actions can significantly impact the victim’s emotional and psychological well-being, creating a hostile, offensive, or intimidating work environment that undermines their ability to perform job duties effectively.
Denial of Reasonable Accommodations
Employees who face denial of necessary workplace adjustments due to their religious beliefs or disabilities encounter clear discrimination. This can manifest in various ways, significantly impacting their work life and overall well-being. For instance, consider an employee with a disability who requests an ergonomic workstation to help alleviate discomfort and pain associated with their condition. If this reasonable accommodation is refused without a legitimate reason, it constitutes discrimination. Such actions violate the principles of equality and inclusivity and also contravene many legal frameworks designed to protect workers’ rights. Employers must understand and respect the necessity of these adjustments to foster a supportive and equitable work environment.
Invasion of Privacy
Asking improper or irrelevant questions about an employee’s genetic information or medical history, especially when such inquiries are not directly related to job requirements, constitutes a clear violation of privacy and is discriminatory. Furthermore, disclosing this highly sensitive information without the employee’s explicit consent not only breaches confidentiality but also exposes the employee to potential bias and unfair treatment in the workplace.
Workplace Retaliation
Employees who encounter adverse job actions as a direct consequence of lodging complaints about discrimination or participating in an investigation or lawsuit related to discrimination are victims of retaliation. This retaliation can manifest in various forms, including but not limited to demotions, dismissals, reductions in salary, or unfavorable shifts in job duties or hours.
For instance, an employee might find themselves demoted or even terminated from their position for taking the step to file a complaint concerning racial discrimination. This not only affects the individual’s career and financial stability but also creates a climate of fear and silence among other employees, discouraging them from standing up against discriminatory practices in the workplace.
What Laws Protect Me From Employment Discrimination?
Through the U.S. Equal Employment Opportunity Commission (EEOC), the United States federal government enforces multiple laws passed to protect workers from discrimination in the workplace. These laws include the following:
- Equal Pay Act of 1963
- Civil Rights Act of 1964
- Age Discrimination in Employment Act of 1967
- Rehabilitation Act of 1973
- Pregnancy Discrimination Act of 1978
- Americans with Disabilities Act of 1990
- Genetic Information Nondiscrimination Act of 2008
- Pregnant Workers Fairness Act of 2022
The Equal Pay Act of 1963
At its core, the Equal Pay Act of 1963 aims to eliminate gender-based disparity in pay within the same workplace, ensuring that men and women who perform substantially similar work are compensated equitably. The general provisions provided by the act are:
- Equal pay must be given for equal work
- The law covers all forms of compensation
- Retaliation for investigating or speaking out about pay discrimination is illegal
The Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 is a monumental piece of legislation in the United States. It is designed to create an equitable workplace where individuals are judged by their abilities and qualifications rather than superficial and immutable characteristics. Applying to all employers with 15 or more employees, it protects workers and job applicants from discrimination in various aspects of employment, including hiring, firing, promotions, compensation, job training, and other terms, conditions, or privileges of employment. The Civil Rights Act of 1964 provides the foundational work of identifying our protected classes, namely:
- Race
- Color
- Sex
- Religion
- National origin
The Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act of 1967 (ADEA) protects employees and job applicants who are 40 years of age or older from employment discrimination based on their age. This protection encompasses various aspects of employment including:
- Hiring
- Promotion
- Demotion
- Termination
- Compensation
- Job assignments
- Training opportunities
The ADEA also makes it illegal to harass a person because of their age. For harassment to be unlawful, it must be so frequent or severe that it creates a hostile or offensive work environment or results in an adverse employment decision.
The Rehabilitation Act of 1973
The Rehabilitation Act of 1973 is a crucial federal civil rights law promoting equality, accessibility, and opportunities for people with disabilities. It prohibits discrimination against individuals with disabilities in federal employment, programs receiving federal financial assistance, and by federal contractors. Key sections include affirmative action requirements for federal employment and contractors, program accessibility mandates, and the requirement for federal electronic and information technology to be accessible. This act laid the groundwork for the Americans with Disabilities Act (ADA) by ensuring protections and accommodations across various settings.
The Pregnancy Discrimination Act of 1978
The Age Discrimination in Employment Act of 1967 (ADEA) protects employees and job applicants who are 40 years of age or older from employment discrimination based on their age. This protection encompasses various aspects of employment including:
The Pregnancy Discrimination Act (PDA) serves as a critical amendment to Title VII of the Civil Rights Act of 1964, establishing a vital legal safeguard against discrimination based on pregnancy, childbirth, or related medical conditions. This legislation marked a significant advancement in protecting workers’ rights, particularly for women in the workforce. The PDA requires employers to provide the following to those affected by pregnancy and childbirth:
- Equal employment opportunities
- Reasonable accommodations
- Health insurance coverage of pregnancy and related medical conditions
- The right to disability leave
- Freedom from harassment
- Job security after returning from giving birth
- Leave can not be forced on an employee capable of doing their job
The Americans with Disabilities Act of 1990
The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in key areas like employment, public services, accommodations, and telecommunications. It mandates equal opportunities in job aspects, accessibility in services and facilities, and telecommunications services that are accessible to those with hearing or speech disabilities. Beyond preventing discrimination, the ADA ensures reasonable workplace accommodations and protects against retaliation for exercising rights under the law.
The Genetic Information Nondiscrimination Act of 2008
The Genetic Information Nondiscrimination Act of 2008 (GINA) was enacted to counteract prejudices based on an individual’s genetic predisposition to diseases or disorders. Employment discrimination based on genetic information is illegal under GINA and covers all aspects of employment, including hiring, promotions, and benefits. With few exceptions, employers are also prohibited from acquiring genetic information about applicants or employees and must keep any inadvertently obtained information confidential. GINA also ensures that individuals are protected from retaliation. It safeguards employees from adverse actions if they file a complaint, participate in investigations, or otherwise oppose conduct made unlawful by GINA.
Pregnant Workers Fairness Act of 2022
The Pregnant Workers Fairness Act mandates reasonable workplace accommodations for employees affected by pregnancy, childbirth, or related conditions tailored to their specific needs, such as more frequent breaks or temporary transfers to less strenuous positions. It prohibits employer retaliation against those seeking such accommodations or opposing discrimination. The Act, applying to employers with 15 or more employees, aims to balance the needs of pregnant workers with employers’ concerns by exempting accommodations that impose an undue hardship on business operations.
How Does Florida Protect Employees From Discrimination?
The Florida Civil Rights Act ensures a discrimination-free workplace, focusing on traits including:
- Age
- Color
- Disability
- Marital status
- National origin
- Pregnancy
- Race
- Religion
- Sex
In Florida, discrimination based on AIDS, HIV status, or sickle-cell trait is also illegal. This law champions equal treatment and aims to eradicate bias in the workplace, promoting a fair and inclusive environment for all employees.
How Does Georgia Protect Workers From Discrimination?
Georgia has enacted several laws that mirror federal regulations to combat workplace discrimination. Key statutes like the Georgia Fair Employment Practices Act (1978), Georgia Sex Discrimination in Employment Act (1966), Georgia’s General Age Discrimination Law (1971), and the Georgia Equal Employment for Persons with Disabilities Code (1981) play a crucial role in protecting employees. These laws reinforce the federal legislation they mirror to shield employees from discrimination due to a protected class.
What To Do If You Have Experienced a Workplace Discrimination Violation
If you’re among the many individuals nationwide affected by an employer’s violation of federal or state employment discrimination laws, you don’t have to endure in silence. Our team of adept lawyers is ready to stand by your side and assist you in seeking justice against the company that wronged you. Contact the proficient attorneys at Farah & Farah. We are committed to fighting for the justice and compensation you deserve. You will not face any fees unless we achieve victory in your case.
Contact Farah & Farah’s experienced workplace discrimination attorneys today for a free consultation if you’re in Florida or Georgia. We are dedicated to securing the justice and compensation you deserve. You won’t have to pay a dime unless your case is successful.
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