Employment Law

Employment discrimination claims arise when an employer treats an employee that is a member of a protected group differently than other employees. This may include failing to hire, fairly pay, or promote. It also may be less direct, such as requiring a test that treats members of one group differently than others. Under federal law, protected groups include race, color, national origin, religion, sex, pregnancy, and age. State laws may extend protections based on other characteristics, including sexual orientation.

The law protects employees from unwanted sexual advances and contact. But it also extends beyond such obvious and direct harassment. A claim can be based on behaviors that create a hostile work environment for an employee based on his or her sex, such as repeated crude or disrespectful comments about women.

Whistleblower claims arise when an employee reports his or her employer’s unlawful practices, but not every employee who exposes bad behavior on the part of his or her employer is protected. Courts often look at the type of unlawful practice that is being reported and whether it violates public, as opposed to private, policy. The best way to know whether whistleblower protections may apply in your case is to consult an experienced employment lawyer who has handled these types of cases.

Many state and federal statutes expressly prohibit employers from retaliating against employees for pursuing their legal rights. This includes participating in a class action. Because this can create even more liability for them, the firm rarely sees employers retaliate against employees. Employers do so at their own peril.