Many different types of discriminatory behavior are unlawful, and workplace discrimination cases have been on the rise, likely due to the incidents being reported more often now than ever before. This includes an employer who treats you differently on the basis of your gender, race, religion, disability, or other protected status, as well as sexual harassment, something that one survey reported by NPR found 81 percent of women and 43 percent of men had experienced during their lifetime.There are a vast number of various situations where your rights in the workplace are protected, as noted below, and several reasons why you should sue if any of them apply. That includes:
- You should be able to get the discriminatory or harassing behavior to stop.
- It will make your workplace safer, benefiting other current and future employees who won't have their work lives or opportunities derailed due to unlawful behavior.
- You may also obtain a significant sum of money to financially compensate for the harm you endured. That can be critical if you were denied a promotion or were forced to quit your job, experiencing a great financial loss as a result.
If you've experienced any of these situations in the workplace, you have the right to sue for discrimination.
You've Been Repeatedly Passed Up for Promotions
If you believe your employer didn't promote you because of your race, gender, religion, national origin, or any other protected characteristic and you have tried unsuccessfully to resolve the issue, your employer must give a reason why. Of course, they are likely to come up with a legitimate reason that's non-discriminatory for not promoting you, which means you'll have to show that the reason was not the actual basis for the decision. You must prove that the claimed reason was a pretext for discrimination. That includes evidence that you were substantially more qualified than the candidate selected and that employees of a different race, gender, etc., were similarly situated but treated better. Flaws in the employer's stated reason may need to be exposed, such as deviating from normal procedures in the promotion process.
Your Position Was Terminated and You're 40 or Older
Age discrimination complaints are common in the workplace, with a significant portion of the population reaching retirement age. Some employers don't see aging workers as the wealth of wisdom and experience they are, but as a nuisance. They may terminate an older worker's position under the assumption that the person is no longer as valuable as younger employees. Federal law says that this practice is illegal, with the Age Discrimination in Employment Act (ADEA) dictating that all workers over the age of 40 be given a fair chance at employment just like younger workers. If an employment decision is based on the employee's age and that person is over 40, that is discrimination. To prove the case, in addition to being older than 40, much of the evidence is typically found in documents given to the employee upon termination. They may contain language that shows the company is trying to gain younger employees while distancing itself from those who are older.
Your Employer Has Made Unwelcome Sexual Advances
A big red flag that an employment discrimination claim may be unordered is unwelcome sexual advances by a co-worker, supervisor, or manager. In some situations, a customer can cause the employer to be held liable. For the claim to be successful, the employee must show that the advances were unwelcome or nonconsensual. They also must provide evidence that sex was made either an explicit or implicit condition of employment or that the advances created a hostile work environment that made it difficult or impossible to perform job duties.