An employment litigation attorney handles workplace disputes, including wrongful termination, discrimination, harassment, and retaliation claims. Legal representation ensures employees and employers navigate complex regulations, resolve conflicts, and protect their rights.
By Brad Nakase, Attorney
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Workplace conflicts can seem rather overwhelming. Employees have either been let go from their positions or have been subjected to unfair treatment on the job, such as a wage decrease or a demotion. Do you have a legitimate case? If so, how can you tell?
The field of employment litigation encompasses a wide range of cases. It includes allegations of discrimination, retaliation, and wrongful termination. Get in touch with an experienced employment litigation attorney to find out what your rights are.
As an extensive area of the law, employment litigation encompasses a variety of legal conflicts that arise between employers and employees.
With “at-will” employment rules in place in the majority of states, businesses can fire employees for any reason (or no cause at all). Nevertheless, that right is likewise constrained by these rules. It is illegal to treat an employee differently because of their protected qualities, according to both federal and state law.
If you need help interacting with administrative authorities, your company, or an employee, a lawyer can help.
With “at-will” employment rules in place in the majority of states, businesses can fire employees for any reason (or no cause at all). However, there are restrictions, and if your employer breaches any of the following, you may have grounds to sue for wrongful termination or discharge:
In the event that you were terminated in an unfair manner, you have the right to request restoration to your previous position, as well as compensation for lost benefits and back pay. Emotional anguish and other forms of compensatory damages may also be available to you.
It is illegal to treat an employee differently because of their protected qualities, according to both federal and state law. Any discriminatory conduct on the part of an employer is prohibited under these rules when the employer takes a negative action regarding employment in relation to the following:
1. Racial Discrimination
Racial identity is a protected trait. When making a negative hiring decision, a company cannot take race into account. Discrimination based on race is against the law.
2. Sexual Discrimination
There can be no pregnancy-related or sex-based discrimination in the workplace. Expecting someone to dress a specific way because of preconceived notions about their gender is another kind of sex discrimination. Sex discrimination protects people of all genders.
Keep in mind, though, that if a specific sex is required for the position, then sex discrimination is legal in certain cases. For instance, a playwright may be casting the character of a father in a play, which means that they are only able to audition male actors. A gender-neutral job, on the other hand, has no room for discrimination based on an applicant’s gender.
3. Gender Identity and Sexual Orientation
The United States Supreme Court upheld the protection of sexual orientation and gender identity under Title VII, the federal civil rights anti-discrimination statute, in the historic 2020 decision Bostock v. Clayton County. Protections are now in place on a national level, while several states have previously outlawed this form of discrimination.
4. Disability
Any kind of discrimination against an applicant or employee on the basis of a handicap is illegal under the Americans with Disabilities Act (ADA). Also protected by this anti-discrimination statute are employees who have a family connection to someone with a disability, such as a partner.
This rule is in effect throughout training, employment, and job interviews. For instance, in order for visually challenged personnel to fully benefit from any training, it may be necessary to produce customized training materials only for them.
5. Age
Many statutes forbid discrimination based on age. On the other hand, federal law only provides protection to workers who are 40 and older. Discriminating against someone because they are too young is thus not against the law. But all workers, including those under 40, are subject to a number of state rules.
The rule prohibiting discrimination based on age does not ensure that businesses would hire the candidate with the most experience. There are a lot of things that employers might think about, and one of them is whether or not younger employees have more modern training or skills. Like other types of bias, there are occasions when a position calls for a younger candidate. Refusing to consider performers aged 40 and above for a film starring a 12-year-old girl is not an example of employment discrimination.
6. Other Traits That Are Protected
Federal legislation also protects the following other traits:
State laws often provide more extensive safeguards than federal statutes. For instance, the following may be considered protected features in certain states:
To learn about additional protected traits, it’s wise to speak with a seasoned employment litigation lawyer. Consult a lawyer for guidance on submitting claims to state agencies or the Equal Employment Opportunity Commission (EEOC).
Intentional bias is not the only basis for a discrimination claim. In contrast, a company’s rules and regulations may seem unbiased at first glance. But it could be these rules have an outsized impact on one certain group of individuals.
A company may stipulate, for instance, that employees must have a lifting capacity of 75 pounds. Due to this restriction, a larger proportion of women and older workers will likely not be considered for employment. The policy might be considered unlawful due to its disproportionate impact. However, as long as it’s work-related and in line with business requirements, a policy that has a disparate impact can still be legal.
Both federal and state laws ban harassment as a type of job discrimination. Most people think of sexual harassment when they hear the term, although harassment can target any protected feature.
Employees have the right to sue when they feel their employment is unsafe due to harassment:
When does inappropriate behavior become too much? It really depends. While a single incident of physical violence may potentially turn a workplace hostile, a single offensive comment or insult generally wouldn’t. A worker may have a legitimate harassment claim, though, if the harassing behavior continues over time.
A hostile work environment or a quid pro quo arrangement, in which an employer promises an employee a reward (such as a promotion) or a penalty (such as a demotion) in exchange for sexual favors or refusals, can give rise to sexual harassment. Anyone, regardless of gender, can be the target of sexual harassment, and the harasser need not be a member of the same sex as the victim.
Harassment of a sexual nature may have nothing to do with sexual desire whatsoever. A person who consistently insults women and claims they are stupider than men, for instance, breeds animosity in the workplace regardless of whether or not there is any sexual attraction between the sexes.
Employers must comply with anti-discrimination laws by granting reasonable accommodations to employees with disabilities or religious beliefs so that they can carry out their jobs. An raised desk, for instance, may be necessary for a worker who uses a wheelchair. Someone whose religious beliefs require them to wear a hat to work may ask their employer to make an exception to the “no hats at work” policy.
If an accommodation request does not cause an undue hardship, the employer must comply. That means a business may keep operating in the same location even if one of their employees has a disability.
Because certain accommodation requests are in the “gray” region, where it is not always obvious if the request is burdensome, employers should have an employment litigation attorney examine all of these requests.
Courageous whistleblowers expose the vast majority of unlawful activities. A whistleblower is an employee who either refuses to assist an employer in breaking the law or who reports a violation to the proper authorities or the media.
Whistleblowers face retaliation from many workplaces, which is not unexpected. A demotion or even termination can be in store for the employee.
Protecting whistleblowers is a priority for several federal and state statutes. Each of these statutes is slightly different, and some provide greater protection for whistleblowers than others. Workers should consult an employment litigation lawyer to learn about their legal options.
Get in touch with employment litigation attorneys to go over your options after losing your job. When taking your case to court, having an attorney on your side who specializes in employment and labor law may make all the difference. Before you sit down for your free appointment, here are some questions to ask:
Have a quick question? We answered nearly 2000 FAQs.
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