Based on Race, Religion, Age, National Origin, Disability or Gender
Discrimination can take many forms from offensive race-based comments to treating members of one race or other category to open and offensive hostility not given to employees outside of the protected category. Treatment of this type can be actionable when it is based on race, national origin, age, disability, religion, gender or any other legally protected characteristic when the behavior affects work performance or creates an unhealthy or intimidating environment. Discrimination can also be in the form of a hostile work environment by co-workers or by supervisors.
Are you the victim of Discrimination?
Whether the discrimination or harassment is actionable largely depends on how serious the discriminating or harassing conduct is and how often the behavior occurs. The less severe the behavior, the more pervasive it needs to be to be considered actionable harassment. Harassment in the workplace often goes unreported. When the harassed employee fails to follow company procedures in reporting harassment, courts will sometimes disallow an employee’s claim. It is therefore very important that a harassed employee look at the employee handbook or at the employer’s harassment policy and report the harassment to the person or people that the policy says to report the harassment to. Once reported, an employer has an obligation to end the conduct. The law also prohibits the employer from retaliating against the employee who complains of harassment. If you need advice on how to do this, feel free to call us for information free of charge.
Case law provides some standard examples of discrimination and harassment in the workplace:
- The use of racially derogatory words, phrases or labels
- Racial or ethnic demonstrations that may offend a particular racial or ethnic group
- Remarks about a person’s skin color or other racial/ethnic characteristics
- Negative comments regarding an individual’s religion, or lack thereof
- Derogatory age comments
If you who believe that you have been discriminated against you must act quickly to protect your rights. As each situation is unique, you are strongly encouraged to contact us to determine the nature and severity of your personal situation, which is why we offer a free consultation.
Contact Thompson Legal Center at 813.769.3900. Your employer has a lawyer – you should too!