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What Is the Employment Law Related to Hiring, Firing, and Discrimination - morgan and morgan
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Hiring, Firing, and Discrimination Laws

What Is the Employment Law Related to Hiring, Firing, and Discrimination?

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What Is the Employment Law Related to Hiring, Firing, and Discrimination?

In the United States, companies and businesses are required to follow certain fair practices in dealing with their employees. Regulations are in place to make sure that workers are treated fairly with regard to hiring and firing. 

Employment discrimination laws protect against unfair treatment based on certain types of identity categories. Some companies discriminate in their practices surrounding hiring, firing, job training, payment, and more. 

If you or someone you know has been discriminated against by an employer, reach out to a competent legal professional. Make sure to find an attorney or firm with a thorough knowledge of employment law related to hiring, firing, and discrimination. 

You should not bear the negative consequences of discrimination. At the firm of Morgan & Morgan, we believe that all discrimination victims deserve justice. 

Holding negligent employers accountable is incredibly important to prevent future instances of discrimination. When you or someone you love has faced unfair hiring or firing practices, do not hesitate. 

Reach out to America’s largest tort law firm—Morgan & Morgan. Our accomplished legal team will fight tirelessly to ensure that you get justice in your case. 

Fill out the contact form on our website to arrange a no-cost, no-obligation legal consultation.

Anti-Discrimination Employment Laws in the United States

There are many different laws that protect against discrimination in the United States. These federal regulations are enforced by the U.S. Equal Employment Opportunity Commission (EEOC).  

Some of the most common federal anti-discrimination laws include:

The Civil Rights Act of 1964

Title VII of this historic piece of legislation prohibits companies from discriminating against people on the basis of: 

  • Race
  • Religion
  • Color
  • National Origin
  • Sex 

Also, the Civil Rights Act protects workers from possible retaliation. When someone brings a claim of workplace discrimination, employers are prohibited from taking retaliatory actions.

The Equal Pay Act (EPA) of 1963

This regulation prohibits wage discrimination based on sex. Men and women who perform equal job functions must be paid the same.

The Americans With Disabilities Act (ADA) of 1990

The ADA is intended to protect people with disabilities from facing discrimination based on their conditions. A qualified person with a disability must be considered equally for employment opportunities. 
Title I of this regulatory legislation applies to both hiring practices and promotion opportunities.

The Pregnancy Discrimination Act

The Pregnancy Discrimination Act was passed at the federal level in 1978. This was intended to amend Title VII of the Civil Rights Act. 

This piece of legislation is intended to protect pregnant people from discrimination by employers. Companies are prohibited from taking unfair actions based on a worker’s childbirth experience, pregnancy, or any associated medical conditions.

The Age Discrimination in Employment Act (ADEA) of 1967

The ADEA was passed into law with the intention of protecting employees against ageist practices. Specifically, this legislation offers protection for workers who are 40 or older in the workplace. 

These are some of the most important examples of federal employment law related to hiring, firing, and discrimination practices. There are many laws in place at the state level, as well. 

No matter where you live, you should consult with a lawyer if you have suffered workplace discrimination. It is vital to speak with an attorney who understands employment law related to hiring, firing, and discrimination.

Understanding Unfair Hiring Practices

Individuals should be hired for professional positions based on their qualifications, skills, and experience. But some employers make hiring decisions based on inappropriate factors. 

For instance, a company might choose to hire recent university graduates to lower the age average of their workforce. Racist hiring managers might only hire applicants of a certain ethnic background. 

Discriminatory hiring specialists may pass over a job applicant with mobility issues or other medical conditions. These examples of discrimination are not only morally repugnant—but they are also illegal.  

Victims of unfair hiring practices deserve to secure justice. If you believe that you have been affected by unfair hiring practices, contact an attorney. 

One of the legal professionals at Morgan & Morgan will review your case in light of employment law related to hiring, firing, and discrimination. We will help you prove that you suffered losses as the result of an employer’s wrongful actions.

When to File an Unfair Hiring Practices Lawsuit

If a company or employer is engaged in discriminatory hiring practices, you should first file an informal complaint. In other words, you should report this wrongful action to someone at the company. 

The appropriate contact for this type of complaint will likely be in the human resources department. Take any documentation related to the incident of discrimination.  

If the company does not take action to address the issue, you have the option to file a formal complaint through the EEOC. Before you file this claim, make sure to collect any evidence or records of the discriminatory practices. 

Victims of hiring discrimination will need to provide a statement about their experience to the EEOC. The agency will investigate the claim and provide further steps to take. 

When you are wondering about the possibility of a lawsuit, speak with a legal professional. Hire a representative with experience in employment law related to hiring, firing, and discrimination.

Understanding Wrongful Termination Cases

When someone’s professional position is terminated for reasons that are not legally permitted, they have experienced “wrongful termination.” Any worker who has been terminated illegally has the option to file a lawsuit pursuing financial recovery for damages. 

If you are fired because you filed a prior complaint about discrimination, this is called “retaliation.” Retaliatory firing is also prohibited under federal law. 

When you have experienced a discriminatory firing, it is vital to keep any information related to the incident. The more evidence that can support your claim of discriminatory termination practices, the better. 

Make sure to take notes about any conversations related to your termination. Write down the location, time, and nature of any comments that were made. 

Your legal representative will use any available evidence to build the strongest case possible for you. 

Some of the most common examples of evidence in wrongful termination cases include: 

  • Official employment paperwork
  • Personnel files
  • The written formal notice of termination or layoff
  • Prior job performance reviews
  • Employee policies and handbooks
  • The relevant employment contracts
  • Emails or other employment-related communication
  • Applicable union contracts
  • Previous pay stubs
  • Statements from co-workers or witnesses 

If you are fired in person, make sure to collect as much of this information as you can very quickly. Once you leave the premises of your place of employment, it will be hard to gather relevant evidence. 

When you believe you have been fired in a discriminatory way, you may be entitled to recover financial compensation for the associated losses.

Damages in Workplace Discrimination Cases

There are many different types of financial compensation available to victims of workplace discrimination. The term for these types of required payments is “damages.” 

The amount and type of financial compensation available will depend on whether you file a state or federal lawsuit. There are specific types of damages available in both instances. 

Some of the most common types of damages in successful employment discrimination cases include:

Back Pay

This type of payment is meant to compensate the victim for the earnings that they lost because of the discriminatory action. Back pay should cover lost wages from the date of the discrimination through the date of judgment in the case.

Front Pay

This type of payment is intended to compensate discrimination victims for wages they will lose in the future. How long the victim will receive front pay will be determined by how far into the future they will lose earnings. 

For instance, suppose that the jury decides that the victim will be unable to find new employment for a year. In this case, the claimant could be awarded front pay for a full year after the judgment. 

Oftentimes, a skilled attorney will show that the victim has been trying to find work unsuccessfully. In some cases, a lawyer will consult with an economist or other relevant specialist. Expert testimony may help to show the jury the full consequences of the discriminatory action.

Foregone Benefits

When someone wrongfully loses an employment opportunity or is fired, they will also lose the value of related job benefits. Some of the most common examples of lost benefits are: 

  • Health insurance coverage
  • Dental and vision insurance
  • Pensions
  • Stock options
  • Profit-sharing options
  • 401(k) plans 

Determining the value of lost job benefits is complex. To ensure that you pursue the full value of your case, your legal representative may consult with a knowledgeable specialist.

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  • Are There Any Other Possible Types of Damages in Workplace Discrimination Cases?

    In some cases, the victim will be awarded “punitive” damages by the jury. These payments are not meant to compensate the victim for their direct monetary losses. 

    Instead, punitive damages are intended to make an example of the at-fault party. They are a form of punishment. 

    It is rare for tort lawsuits to result in punitive damages. To learn what types of damages you can hope to recover, consult with a seasoned legal expert by contacting Morgan & Morgan.

  • Should I Hire an Employment Lawyer With Courtroom Experience?

    Yes, you should only hire an attorney who has plenty of previous trial experience. Some civil disputes are resolved through private settlements.  

    However, your case may require a trial if settlement negotiations fail. When this happens, you should not have to worry about whether your attorney can handle it. Hire a legal representative who can handle your case, no matter what it requires. 

    At Morgan & Morgan, we have a roster of more than 700 legal professionals with plenty of courtroom experience. We will handle every element of your case, from the start to the finish.

  • Contact the Accomplished Employment Attorneys at Morgan & Morgan

    When you need the best legal representation for your employment discrimination case, contact the legal professionals at Morgan & Morgan. We have the specialized skills and experience to fight effectively for the compensation that you deserve. 

    It is important to hold discriminatory companies and agencies accountable. To arrange a free legal consultation with our accomplished attorneys, fill out the simple contact form on the Morgan & Morgan website today.

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Last updated on May 31, 2023

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