Employment Discrimination Lawyers

Employment discrimination claims generally involve at least one of three types of behavior by an employer:

1. An adverse employment action
2. Harassment
3. Retaliation

Adverse employment action

An adverse employment action, sometimes referred to as a tangible employment action, occurs when the employer acts against the employee in a manner that is harmful to the employee’s employment, job duties, compensation, or other terms and conditions of the job. To substantiate a claim the adverse action must be “materially adverse” meaning it had a real effect on the employee or applicant. Whether an act is materially adverse is a question of fact. An adverse employment action often includes:

• Firing
• Failure to hire
• Demotion
• Failure to promote
• Pay cuts
• Refusing to give a raise or bonus
• Negative job review
• Placing an employee on leave
• Refusing to give or taking away job duties
• Giving a negative job reference to a future employer
• Disciplinary or corrective actions

Under most adverse employment action claims the employer’s adverse action must be motivated by a discriminatory intent against a protected class. Your employment lawyer must prove the adverse act occurred because of the protected class. 

An adverse employment action claim may also arise as a disparate impact claim. Disparate impact claims occur when an employer has a non-discriminatory policy that has a discriminatory impact on a protected class. For example, an employer’s hiring practices may have a truly neutral intent but by operation discriminates against women or black applicants. 

Harassment

An employment discrimination claim can also arise from harassment or a hostile work environment. Most harassment claims involve a hostile work environment in which the workplace is infected with severe or pervasive offensive conduct related to a protected class. Sexual harassment may involve a quid pro quo exchange of sexual or romantic acts to obtain a benefit, such as a raise, or avoid a negative consequence, like a demotion. 

Hostile work environment claims can be particularly complex and technical because the legal standard requires more than minor inconveniences or stray remarks; however, there are very few clear lines when a workplace has become so toxic that a valid claim exists. As a result, your employment lawyer will have to investigate your claim thoroughly and present a strong case based on the facts. 

Retaliation

Each employment discrimination statute prohibits retaliation for an employee or applicant engaging in a protected activity. A protected activity includes opposing a discriminatory act, asserting your rights under an employment discrimination law and participating in an investigation, complaint, or hearing involving a discriminatory act.

You have the right under employment discrimination laws to oppose discriminatory acts and pursue claims. When your employer retaliates for these acts, they violate that right. Retaliation creates an independent claim against the employer for the retaliatory act. 

Retaliation can occur because you engaged in a protected activity on your own behalf or because you participated in a protected activity involving another person. You are protected from retaliation for reporting discriminatory acts against a colleague, participating in an investigation of a discrimination complaint by a coworker, or testifying in a deposition or hearing in a coworker’s discrimination case.