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 | May 25, 2015 | Religious Discrimination
Companies cannot restrict a person’s free exercise of religion for no defensible reason. Abercrombie and Fitch, the iconic retailer known for its shirtless male models, has had to learn this lesson the hard way. Samantha Elauf, a prospective employee who wears a headscarf for religious reasons, filed a lawsuit against A&F when they refused to hire her because her headscarf conflicted with the company’s “look policy,” which the company argues is part of its marketing strategy. The Supreme Court ruled that Abercrombie did, in fact, violate the law by discriminating against Elauf.
Abercrombie tried to claim that it wasn’t religious discrimination against Elauf, because the company didn’t absolutely know that Elauf wore the headscarf because she was Muslim. The judges did not agree, and they voted 8-1 against Abercrombie. In addressing the court, Justice Scalia made it clear that Abercrombie’s literalistic interpretation of “knowledge” just didn’t make sense. Abercrombie’s refusal to allow headscarves, even in the stockroom, was deemed unlawful. No one is harmed by the wearing of a headscarf by an employee. Abercrombie has since changed the “look policy” for the company.
Interestingly, this is not Abercrombie’s first lawsuit regarding headscarves. In 2013, 2 separate cases against Abercrombie were settled. In one, a stockroom worker was fired from the company when she refused to work without her headscarf. In the other case, a prospective employee was not hired because, like Elauf, her headscarf conflicted with the “look policy.” In both cases, Abercrombie settled out of court and agreed to pay the woman after a 3 year legal battle.
If you are an employee or prospective employee and are facing workplace discrimination of any kind, contact an attorney who specializes in labor and employment litigation. They will fight for your rights regarding discrimination, disability, harassment, wrongful termination, and much more.
Read the original article here.
