EMPLOYMENT LAW
Employment Discrimination Law and Employment Law in general are very
complex areas of the law. Employment Law itself usually involves
discrimination including race discrimination, sex discrimination, religious
discrimination, age discrimination, and disability discrimination as well as
retaliation for complaining about discrimination. Sexual Harassment is also a
kind of employment law. It also includes such things as Family & Medical
Leave Act also known as the FMLA, Overtime Claims, and Unpaid Wages and
the Equal Pay Act which requires that men and women be paid the same
amount of money for the same work done under the same conditions. If your
legal problem relates to one of these areas, you need to consult an
employment lawyer. The Alder Law Firm handles all of these kinds of claims,
and they are discussed more fully below, and on other pages of this website.
Discrimination
It is illegal for an employer to discriminate in hiring, termination, promotions, or
other aspects of employment on the basis of a person's race, gender, national
origin, religion, disability, or age, or to retaliate against an individual for
opposing such practices, or consulting an attorney or the Equal Employment
Opportunity Commission (EEOC) or equivalent state entity (in Tennessee that
is the Tennessee Human Rights Commission). Employment discrimination
claims can be difficult because the employee has to prove that the reason he
was fired, not hired, not promoted, or otherwise harassed is because of his (or
her) “protected classification”. By protected classification, we mean a person’s
gender (male or female), race (black or white), national origin (Hispanic, Asian,
African, or having parents or grandparents from anywhere outside of the United
States), age (over 40), or disability. In this sense, the employee has to prove
why the employer did what it did.
In the case of religious discrimination, and disability discrimination, it may also
be illegal for an employer to deny reasonable accommodations to an
employee. For example, absent extenuating circumstances, an employer
cannot require a person to violate his or her religious beliefs such as working
on the Sabbath, eating a forbidden food, or using alcohol if doing so is against
the person’s religious principles. Instead, the employer must make an
accommodation enabling the employee to do his job without violating his
religion. Similarly, an employer must accommodate the disabilities of its
employees if those disabilities meet certain standards. For more information
on employment discrimination as well as discrimination in other contexts, see
our Discrimination page.
Sexual Harassment and Harassment in General
It is illegal for an employer to engage in or allow its employees to engage in
the racial or sexual harassment of any employee. Harassment claims are of
two types: Hostile Environment and Quid Pro Quo, literally “this for that”. You
may have a claim for Hostile Environment Racial or Sexual Harassment if your
working environment is made intolerable by photos, comments, jokes, or other
acts of an offensive sexual or racial nature, including physical touching or
attempted rape (though there are other remedies as well). Quid Pro Quo
harassment is sexual only, and occurs when an employer demands sexual
favors in exchange for raises, promotions, or other perks, or threatens an
employee for failure to provide sexual favors. The Sexual Harassment page on
this website provides more specific information.
Harassment can take other forms as well for example harassment on the
basis of a age, disability or because of your religion or as noted earlier, your
race. African-American employees who find nooses in the workplace, are
called nasty names referring to their race, or are subjected to other kinds of
harassment because of their race have a hostile environment claim. Similarly,
efforts by employers to convert employees to a different religion or harass
employees because of their religion, age, or a disability is also illegal.
Retaliation
It is also illegal for an employer to retaliate against an employee for
complaining of discrimination or sexual harassment, for contacting an
attorney, or even filing a claim. If you report discrimination or sexual
harassment and an employer fires you, you have a claim for retaliation. This is
a separate violation of the law and you should definitely consult a lawyer.
Statutes of Limitation
Depending on the facts of your case, and which laws apply, you will face
various statutes of limitations. For example, under Title VII, you have 180 days
to file your claim with the EEOC unless your state defers to a state
commission in which case you have 300 days. However, once the EEOC
releases your claim you have only 90 days to file in court. Because your claim
can be lost if you fail to meet these filing deadlines you need to speak with an
attorney as soon as possible. Other laws may have different statutes of
limitation, and therefore you should consult an attorney.
Contact Us
info@thealderlawfirm.com
complex areas of the law. Employment Law itself usually involves
discrimination including race discrimination, sex discrimination, religious
discrimination, age discrimination, and disability discrimination as well as
retaliation for complaining about discrimination. Sexual Harassment is also a
kind of employment law. It also includes such things as Family & Medical
Leave Act also known as the FMLA, Overtime Claims, and Unpaid Wages and
the Equal Pay Act which requires that men and women be paid the same
amount of money for the same work done under the same conditions. If your
legal problem relates to one of these areas, you need to consult an
employment lawyer. The Alder Law Firm handles all of these kinds of claims,
and they are discussed more fully below, and on other pages of this website.
Discrimination
It is illegal for an employer to discriminate in hiring, termination, promotions, or
other aspects of employment on the basis of a person's race, gender, national
origin, religion, disability, or age, or to retaliate against an individual for
opposing such practices, or consulting an attorney or the Equal Employment
Opportunity Commission (EEOC) or equivalent state entity (in Tennessee that
is the Tennessee Human Rights Commission). Employment discrimination
claims can be difficult because the employee has to prove that the reason he
was fired, not hired, not promoted, or otherwise harassed is because of his (or
her) “protected classification”. By protected classification, we mean a person’s
gender (male or female), race (black or white), national origin (Hispanic, Asian,
African, or having parents or grandparents from anywhere outside of the United
States), age (over 40), or disability. In this sense, the employee has to prove
why the employer did what it did.
In the case of religious discrimination, and disability discrimination, it may also
be illegal for an employer to deny reasonable accommodations to an
employee. For example, absent extenuating circumstances, an employer
cannot require a person to violate his or her religious beliefs such as working
on the Sabbath, eating a forbidden food, or using alcohol if doing so is against
the person’s religious principles. Instead, the employer must make an
accommodation enabling the employee to do his job without violating his
religion. Similarly, an employer must accommodate the disabilities of its
employees if those disabilities meet certain standards. For more information
on employment discrimination as well as discrimination in other contexts, see
our Discrimination page.
Sexual Harassment and Harassment in General
It is illegal for an employer to engage in or allow its employees to engage in
the racial or sexual harassment of any employee. Harassment claims are of
two types: Hostile Environment and Quid Pro Quo, literally “this for that”. You
may have a claim for Hostile Environment Racial or Sexual Harassment if your
working environment is made intolerable by photos, comments, jokes, or other
acts of an offensive sexual or racial nature, including physical touching or
attempted rape (though there are other remedies as well). Quid Pro Quo
harassment is sexual only, and occurs when an employer demands sexual
favors in exchange for raises, promotions, or other perks, or threatens an
employee for failure to provide sexual favors. The Sexual Harassment page on
this website provides more specific information.
Harassment can take other forms as well for example harassment on the
basis of a age, disability or because of your religion or as noted earlier, your
race. African-American employees who find nooses in the workplace, are
called nasty names referring to their race, or are subjected to other kinds of
harassment because of their race have a hostile environment claim. Similarly,
efforts by employers to convert employees to a different religion or harass
employees because of their religion, age, or a disability is also illegal.
Retaliation
It is also illegal for an employer to retaliate against an employee for
complaining of discrimination or sexual harassment, for contacting an
attorney, or even filing a claim. If you report discrimination or sexual
harassment and an employer fires you, you have a claim for retaliation. This is
a separate violation of the law and you should definitely consult a lawyer.
Statutes of Limitation
Depending on the facts of your case, and which laws apply, you will face
various statutes of limitations. For example, under Title VII, you have 180 days
to file your claim with the EEOC unless your state defers to a state
commission in which case you have 300 days. However, once the EEOC
releases your claim you have only 90 days to file in court. Because your claim
can be lost if you fail to meet these filing deadlines you need to speak with an
attorney as soon as possible. Other laws may have different statutes of
limitation, and therefore you should consult an attorney.
Contact Us
info@thealderlawfirm.com
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