by / on behalf of the firm | Feb 11, 2019 | Age Discrimination, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Workplace Discrimination
Workplace discrimination is unfortunately not uncommon. From age discrimination, to gender discrimination, to religious discrimination, all different forms of discrimination can be present in the workplace. So, how do you know you are a victim of workplace discrimination?
Age Discrimination
Age discrimination is one of the most common forms of discrimination in the workplace. The signs of age discrimination include: harassment about your age, frequent patterns of encouraging your retirement, and even eliminating your position all together, yet giving the responsibilities to a younger employee. Always be aware of these kinds of signs in the workplace and speak up if you feel that you are being treated differently.
Religious Discrimination
If you are being treated differently or unfavorable because of your religious beliefs, then you are experiencing religious discrimination, which is against the law. You are not allowed to be fired or paid less because of your religion. Keep an eye out for your employee not promoting you or giving you benefits along with giving you tougher assignments. These could all be signs of religious discrimination.
Pregnancy Discrimination
Pregnancy discrimination occurs when a woman is treated unfavorable because she is pregnant. This is where the Pregnancy Discrimination Act comes in, which forbids discrimination based on pregnancy during any aspect of employment. This includes hiring, firing, job assignments, promotions and layoffs. If you feel like you are being treated differently due to your pregnancy, you might be experiencing pregnancy discrimination.
Gender Discrimination
Another very common workplace discrimination is gender discrimination. This occurs when you are being treated differently because of your gender. Signs include: not getting paid as much as a coworker who is of a different gender, constantly losing promotions to coworkers of another gender or being assigned tougher assignments.
If you feel like you are a victim of workplace discrimination, it is important to speak with an employment attorney as soon as possible. They can help you fight to get the justice you deserve.
Hernandez Law Firm
The legal team at Hernandez Law Firm understands employment law and can provide the advice you need to fully understand your rights. Employment law issues are timely matters and may need attention immediately. It is best to get the legal advice you need as quickly as possible.
by / on behalf of the firm | Feb 5, 2018 | Employment Law, Pregnancy Discrimination, Race Discrimination, Religious Discrimination, Sexual Harassment, Workplace Discrimination, Wrongful Termination
Unfortunately, harassment in the workplace is not an uncommon situation. While companies are taking steps to improve the situation, there is still a chance that you have been or could be a victim of some sort of harassment. While there are varying types and levels of harassment, many victims have similar reactions and stories.
Any form of harassment has the potential to make a victim feel fearful, uncomfortable while working, or embarrassed. Employees may choose to stay in a work environment where they face sexual harassment because of limited career options, financial reasons, or the perpetrator may even be promising fantastic career advancement opportunities.
Defining the Perpetrator
If you are experiencing harassment in the workplace, it is important to have an understanding of who is at the root of the issue. Sometimes a group of people decide to gang up against one individual, while other times the situation is more hidden and complex. Even a friendly relationship has the potential of crossing the line and becoming a volatile scenario.
Types of Harassment and Signs to Look Out For
Harassment can take on many forms and may involve religion, race, age, gender identity, sexual orientation, and appearance. One of the most common types is sexual harassment. It is important to note that while females make up the majority of sexual harassment victims, men are also known to encounter similar situations. Harassment can happen to anyone, regardless of social class or superiority at the job.
Harassment may include name-calling, offensive photos or videos, intimidation, threats, ridicule, insults, and much more. The effects of workplace harassment can be devastating. Many victims report feelings of isolation, anxiety, fearfulness, and even depression. An employee may be forced to quit their job if the appropriate plan of action is not put in place during the initial stages.
When Should Legal Action Be Pursued?
Before pursuing legal action, there are some steps you should take. Make sure that you have spoken with the perpetrator and asked them to stop. This will make it difficult for them to convince a judge that it was playful banter you both engaged in. Keep physical records of any evidence to show your attorney. It is also a good idea to file a formal complaint with the company.
Contact us if you feel that you may have a case regarding workplace harassment, we would love to help you.
Feature photo by Marc Mueller.
by / on behalf of the firm | Apr 15, 2016 | Age Discrimination, Disability Discrimination, Labor Law, Race Discrimination, Religious Discrimination, Workplace Discrimination
Employer discrimination is characterized as prejudice of an existing or potential employee based on certain characteristics, most commonly including:
- Race
- Sex
- Pregnancy
- Religion
- Political views
- Nationality
- Disability
- Age
- Financial status
Although the principle of these laws might seem fairly straight forward, it’s often difficult to tell whether you have been a victim of employer discrimination yourself. However, a better understanding of the employment laws AZ observes can provide some clarity on the situation.
Identifying Discriminating Behavior from Employers
Discrimination can happen in potentially any professional setting, making it hard to identify. Most commonly it has been cited in situations of hiring/firing, compensation hearings, use of company property or facilities and additional fringe benefits.
Arizona employment discrimination laws are in place to ensure an equal playing field for all working professionals. If you believe any of the characteristics listed above factored into an employer’s decision to hire/fire you or withhold opportunities to earn higher pay, you potentially have the basis of a claim.
It’s equally important to understand what behavior does not classify as employment discrimination. If an employer has a legitimate reason to terminate your position based on poor job performance or the company is experiencing widespread layoffs, you may not have a valid claim to justify legal compensation.
Ultimately, the best way to determine whether your employment discrimination claim holds weight is by speaking with a licensed professional — experienced attorneys who specialize in such cases. Consulting with an attorney allows you to explore the legal options available to you and plan a course of action.
Their legal counsel can also prevent you from putting together a frivolous lawsuit that might not hold up in court.
Filing a claim is much easier with the help of an experienced attorney. Relying on their assistance, you can expedite the process and move quicker with your legal proceeding. You can avoid hiccups like paperwork and filings that would otherwise hinder you from executing the motion in a timely matter.
Do you believe you’ve been the victim of employment discrimination? Should you ever find yourself in an unthinkable situation in your professional career, don’t hesitate to take legal action — contact us to assess your claim.
by / on behalf of the firm | Feb 16, 2016 | Age Discrimination, Disability Discrimination, Labor Law, Race Discrimination, Wrongful Termination
In Arizona, there are safeguards in place to prevent employees from being wrongfully fired. These laws are commonly referred to as wrongful termination laws. If you believe your employer has violated any of these laws when terminating your employment, you may have a strong case. There are three main categories under the Arizona wrongful termination laws:
Breaking a Contract. One way an employer can violate wrongful termination laws is if the employer breaks a contract between them and the employee. The contract does not need to be written. It can be a contract made verbally or an implied contract. A written contract would be the result of a contract hiring, whereas an implied contract is when the employer gives the assumption the employee would maintain employment beyond the date they were fired. If an employer breaks a contract you had with them either verbally, written, or implied, they are in violation of the laws.
Discriminatory Firing. Under Arizona Law, an employer cannot fire an employee based on discrimination. They cannot discriminate based on sex, pregnancy, age, race, national origin, citizenship status, disability, or genetic information. The specifics regulations under these laws depend on the individual and the size of the company. For example, an employee cannot claim discriminatory firing based on age if they are not over 40 years old. A company’s size also determines how closely they must follow these laws. Most discriminatory laws apply to businesses having 15 or more employees, but others may vary. A company with as little as 4 employees can be persecuted for firing an employee due to discrimination based on citizenship status, while a company must have at least 20 employees to be accountable for firing based on age.
Wage and Time Off. If an employer does not follow the Arizona minimum wage law and pay for employees working over 40 hours a week, they are also in violation of Arizona laws. Further, employees must follow certain time off programs such as military leave, jury duty, voting time off, and medical leave. If an employee is fired based on taking time off for any of these areas, they have a strong possibility of having a wrongful termination case. To read more information about the laws regarding time off in the workplace, visit the Employment Law Handbook.
If you feel your employer has fired you in a way that violated any of the above laws, give us a call today. Our experienced team can gather all the required information to help you build a strong case.
by / on behalf of the firm | Jan 20, 2016 | Age Discrimination, Labor Law, News, Race Discrimination, Workplace Discrimination
An air-traffic management graduate from ASU is suing the FAA for alleged discrimination that he says prevented him from being hired.
The graduate, Brigida, says the FAA’s new mission to add diversity to the staff prevented him from getting the job that he would have been given in other instances.
According to the FAA-partnered Collegiate Initiative, as an ASU air-traffic management graduate with soaring AT-SAT scores, came highly recommended and was basically guaranteed a job with the FAA. However, during the typical process of taking the AT-SAT scores, submitting them, and applying for the job, he was told he needed to start the process over again, throwing out his previous AT-SAT scores.
The new AT-SAT tests included biographical questions about the test-takers. This is the beginning of where Brigida says the discrimination started. He also said the FAA was making it known through several different documents they were trying to gain more diversity within their staff. Because he is in the race majority, not minority, Brigida, says he was denied the job as he didn’t add to the diversity.
In these types of cases, there needs to be hard proof of the discrimination. One cannot prosecute a case based on what they believe happened. As experienced discrimination attorneys, we know what kind of proof you need in the court. If you feel you have been discriminated against in the workplace, give us a call for a consultation.
Read the full article here
by / on behalf of the firm | Jun 22, 2015 | Race Discrimination, Whistle Blowing, Wrongful Termination
A former Red Robin employee is suing the burger chain because she claims she was fired for complaining about racist hiring practices at the Coeur d’Alene location in Idaho.
Stacie Ward had been with Red Robin for over 11 years, working at many different locations. When she transferred to the Coeur d’Alene location, which had just opened, another employee transferred with her. Stacie says this man, who was African-American, was fired not long after starting, for the minor violation of wearing headphones while working.
Not long after this, Stacie, who was in charge of screening and interviewing most potential employees, met with a young black man applying for a job in the restaurant. She felt the man was qualified, and recommended a formal interview for him. Stacie said that when the assistant manager saw the applicant, he took Stacie aside and informed her that they would not hire a person of color. Stacie says the manager used an offensive racial slur and admitted that the man who had been fired for wearing headphones had been fired because of his race.
When Stacie objected to the manager’s comments and hiring decisions, she began facing retaliation from the managers of the restaurant. She suddenly found herself receiving false complaints from the managers and “customers” about her job performance, and was fired shortly after, all because she spoke up against something that was unjust. Stacie contacted the U.S. Equal Employment Opportunity Commission and filed a complaint. Without her income, Stacie says she lost her home, health insurance, and retirement savings, and is suing to cover these damages.
If you have faced retaliation for being a whistleblower or if you have faced discrimination of any kind in the workplace, contact an Arizona labor and employment law attorney today.
