Practice Areas

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An attorney should review your case. The following information is intended to be informational only. 

Discrimination Cases - Employment or Business interactions

In employment discrimination law, the goal is to prove that the employer intentionally discriminated against an employee. You can also prove discrimination as a consumer when engaging in the marketplace to purchase goods and services. 

An employer can legally fire you for any reason or no reason at all UNLESS it is illegal. This is called "at-will" employment. Neither side must remain in the employment arrangement and is free to cancel at any time unless you have a contract for employment like a union member.

An employer failing to follow its employment policies is not, on its face, discrimination. Many employees are fired for reasons that don't make sense and are subject to knee-jerk reactions. What makes a termination illegal is that it is surrounded by ill will regarding the employee's characteristic(s) protected under the law. For example, a boss tells a woman that she shouldn't work because she is a woman. This conduct continues over several weeks until the female employee is fired because no other employee has been fired. In fact, the reasoning falls far outside the company policies. This is discrimination based on sex or gender. There are other characteristics protected by law, including race, creed, color, national origin, citizenship or immigration status, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

 
The analysis is similar when reviewing business interactions but is probably more subtle with fewer facts. For example, a business blocking you from entering while the owner says, "we don't serve your kind."

Please contact our office if you have questions or if you feel like you facing discrimination.

What is a hostile work environment?

A hostile work environment is a legal term. It is not a "rumor mill" or "high school" atmosphere. Under the law, employees are not guaranteed a good and enjoyable job, but the environment should not be filled with discriminatory attitudes. Take the example above. The female above is likely experiencing a hostile work environment that makes it difficult for her to work. She is made fun of because she is a woman. Other male employees are not experiencing the same issues. Employees in these circumstances often want to quit their jobs. Employees facing hostile work environments should seek an attorney before quitting to discuss the possible outcomes.

Please contact our office If you think you are experiencing a hostile work environment.