Employers may also attempt to use items such as performance reviews to come up with a neutral pretext for terminating a worker.
Duncanville, TX – Employers are all prohibited from engaging in various forms of workplace discrimination. However, there is a formal definition of employment discrimination, and it always includes analyzing whether the victim is a member of a protected class. The behavior in question must also include some kind of negative change in working conditions or a denial of benefits, employment, or pay.
Protected classes
All laws related to discrimination define certain protected classes. This means that certain characteristics of a person can never be used to make adverse decisions about their employment such as hiring, firing, pay, or denial of benefits. Protected classes in American federal and state law will include race, gender, religion, and national origin. Additional protections may emerge in certain situations such as if a woman is mistreated at work due to being pregnant.
Workplace decisions and protected classes
Workplaces are allowed to give certain benefits or promotions based on a worker’s merit and other considerations. However, this does not include any reasoning based on the protected class status. If a worker thinks that they have experienced discrimination due to being a member of a protected class, they will generally need to have some kind of evidence through workplace communications or other items. Employers who have a neutral reason for doing things like terminating or demoting a worker are not liable for illegal discrimination. Employers may also attempt to use items such as performance reviews to come up with a neutral pretext for terminating a worker. For these reasons, it is important to have an attorney do their own investigation and see what kinds of information they can cover to make a legitimate case for discrimination.
Sexual harassment
A specific type of workplace discrimination that is based on the victim’s gender is sexual harassment. This is when a worker is either subjected to a hostile work environment or asked to perform sexual acts in exchange for employment or benefits. However, there are different procedures for sexual harassment cases than those related to other forms of discrimination, so anyone seeking help should make sure their attorney has experience dealing with the specifics of harassment. These procedures include exhausting administrative remedies from the employer, as well as filing a formal complaint with the relevant state or federal agency responsible for handling harassment claims. There are also different rules for how damages are paid out in sexual harassment cases, because these are limited based on the size of the employer.
Advice from a labor attorney
Moore and Associates is a labor law firm that works with clients in Duncanville and other parts of Texas. Their attorneys focus on issues related to sexual harassment, unpaid wages, overtime law violations, and discrimination.
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