Workplace Discrimination Lawsuits in 2022

Workplace discrimination is when an employer mistreats a job applicant or employer because of their gender, race, color, sexual orientation, nationality, or disability.

Some workplace discrimination incidents might be so obvious while others require a deeper look. Keep in mind that many employers know it is against the law to discriminate against employees or potential employees. However, they still do it by using certain tactics that make it difficult for workers to tell that they are being discriminated against.

Common examples include:

Discrimination based on age:  A good example is when an employer pays a 40-year-old worker less than what they pay a 20-year-old worker to do the same work.

Discrimination based on religion: An employer bans employees from wearing turbans while on shift, despite knowing that some workers in the company wear turbans for religious reasons. The employer then fires employees who wear turbans for “violating” company policy.

Discrimination based on pregnancy: When an employer refuses to approve a pregnant employer's leave request and orders them to work until the last week of pregnancy or risk losing their job., this could be a form of workplace discrimination.

Discrimination based on gender: When an employer recommends only men for promotion, leaving the other junior positions vacant for women, even though there are women who qualify for the promotion, this could be a case of discrimination.

Discrimination based on race: You may have a valid workplace discrimination case if your employer refuses to hire your workers from your race because they are 'not as hard-working as their counterparts from other workers.

When an employer discriminates against you based on any of the reasons we discussed above, or even more, such actions will likely negatively impact your professional life. Some common effects of workplace discrimination include:

• Termination
• Reduction of hours of work
• Denial of employee compensation or benefits
• Denial of promotion
• Denial of use of company benefits of facilities
• Denial of employment opportunity

If an employer discriminates against you, you will need to prove the following:

• You were employed or hired by the employer when the discrimination occurred
• The employer took a negative action against you, such as denying you company benefits
• The negative action was as a result of your protected status, such as race, religion, sexual orientation, etc.
• You were harmed by the employer's discriminatory actions against you

It is important to know what to do if an employer discriminates against you. This is because the steps you take after such an incident could make or break your case, that is, if you plan on taking legal action against the employer. Consider the following steps:

Stay Calm

When an employer discriminates against you, you may be tempted to give them a piece of your mind. But this is not the time to fight back. That time will come later. For now, focus on collecting as much information as you can about the discriminatory actions.

Gather Evidence

Collect as much information about the discriminatory incident as you can. For example, if the employer made discriminatory comments, write down exactly what they said and then obtain the contact information of any witnesses. If they sent you an email notifying you that they took certain action against you, make sure you have copies of such emails.

Report the Complaint

All states have agencies responsible for addressing cases of workplace discrimination. Locate the appropriate state agency and file your complaint. The agency will investigate your complaints independently and attempt to resolve the issue.

Depending on the specifics of the case, the agency might also decide to take legal action against our employer. However, if you wish to sue your employer independently, you may need to obtain a right-to-sue letter from the agency you submitted your complaint to.

Contact a Labor and Employment Attorney

Next, contact a seasoned labor and employment attorney. The attorney will review the specifics of your case and decide the best legal pathway to take. Remember, when you have the right-to-sue letter, it means that the agency that issued the letter believes you have a valid case against your employer.

In other words, the letter gives your attorney the go-ahead to pursue other legal avenues on your behalf.

While getting fired by your employer could be a form of discrimination, it all depends on your employer's reason for making such a decision. It is important to note that not every action an employer takes counts as discrimination.

Here are some factors that can help determine whether you have been discriminated against:

Did the employer have a valid reason for taking action against you? And if the reason is valid, did your employer have a hidden motive? For example, suppose you were fired for being late for a day. In that case, this could be a case of your employer waiting for the perfect opportunity to terminate your employment without making it obvious that they are discriminating against you.

Did the employer treat other members who did not belong to your protected class differently? For example, did the employer treat American workers differently from immigrant workers?

Is your protected class underrepresented in the workplace? For instance, is there only one Hispanic-speaking worker compared to their English-speaking counterparts?

Did the employer follow company protocol and policies when they took action against you? For example, if they are required to hold a board meeting to discuss your conduct before making a decision about your future at the company, was such a meeting held, or did they just fire you without consultation?

Lastly, would the employer have treated you better if you did not belong to a certain protected class?

If you file a successful claim, you might be able to recover certain damages from your employer. These damages are known as remedies.

While the exact remedies will depend on your specific situation, the following are the most common:

Back Pay

The court might order the employer to pay you back pay. This is the amount you would have earned had it not been for your employer's discriminatory actions. For example, if your employer fired you as a form of workplace discrimination, you might be able to recover the wages you would have earned from the date of termination up to the date the court read the verdict.

Reinstatement

The court might also order your employer to reinstate you. However, it is important to note that most states follow the at-will employment principle. This principle allows employers to hire and fire employers at will. Therefore, the court will explore other options if reinstatement is impossible.

Front Pay

The employer might be required to pay you front pay. This pay covers your losses from the day the court entered the judgment against your employer to the day you get a new job. Let's say you earned a fixed salary of $5000 a month before getting fired; your front pay might be equivalent to $5,000 a month until you find another job.

Keep in mind that front pay does not last forever. Therefore, it is your duty to seek new employment as soon as possible.

Compensatory Damages

You may also be able to recover compensatory damages if you can prove certain elements of your case. For example, if the workplace discrimination incident caused you extreme stress, anxiety, or depression, and you can prove it, you may recover compensatory damages. These damages do not usually have anything to do with financial losses (because the front and back pay already covers that).

Punitive Damages

The judge or jury might award you punitive damages if they determine that the employer was extremely reckless in their behavior. Keep in mind that punitive damages are not guaranteed; they solely depend on the court's judgment. These damages are meant to punish the defendant for their gross negligence or recklessness and warn others in similar positions against such behavior.

The deadline for filing a claim varies from one jurisdiction to another. However, in most cases, victims of workplace discrimination have 180 days from the date of the alleged discriminatory action to file a claim. Because these deadlines vary from state to state, it is important that you speak with an experienced labor and employment attorney immediately.

Your employer cannot punish you for taking action against workplace discrimination. If they do so, they will make the situation even worse for themselves. You may be able to take separate legal action against them for retaliating against you.

Remember, some employers know that such actions are illegal. Instead, they will bank on the assumption that you do not understand your rights. It is, therefore, important to contact an experienced labor and employment lawyer, even if you are unsure whether your employer's actions amount to retaliation.

Experienced employment attorneys have dealt with countless cases and can tell whether your employer's action amounts to retaliation. Creating a hostile work environment is a good example of employer retaliation.

A hostile work environment is when an employer, supervisor, or other senior members of the organization make it difficult for you to work. For example, your employer might tell offensive jokes about workers from your home country. If you raise the issue and your employer fails to address it, allowing it to go on for an extended period, this could be a case of a hostile work environment.

If you or your loved one is a victim of workplace discrimination, Morgan and Morgan labor and employment lawyers can help. Besides being the largest personal injury law firm in the United States, our law firm files the most employment litigation cases in the country. This is enough proof of our experience in handling these cases.

Many rogue employers get away with workplace discrimination until when they have to face Morgan and Morgan attorneys in and out of court. Workplace discrimination is the last thing we would want to tolerate as a law firm that employs professionals from different genders, nationalities, races, sexual orientations, religions, and other protected characteristics.

It is high time we create a culture of speaking up against such actions by rogue employers. They take advantage of workers unaware of their rights, violating labor and employment laws in this country.

That said, it is never easy to battle such employers in or out of court without an attorney. Because they know how serious these allegations are, these employers will likely have defense attorneys representing them in and out of court, and so should you.

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