Workplace Discrimination

It is illegal for employers to discriminate against an employee based on protected classes, such as:

• Race
• Color
• Religion
• Sex
• Age
• National Origin
• Marital Status
• Sexual Orientation
• Gender, or
• Disability

There are four main types of discrimination: (1) direct discrimination, (2) indirect discrimination, (3) harassment, and (4) victimization.

1. Direct discrimination occurs when one employee is treated differently than other employees due to their protected characteristic.
2. Indirect discrimination occurs when an employer puts a rule or policy in place that effectively impacts one person with a protected characteristic more than other employees.
3. Harassment occurs when an employer of fellow employee creates a hostile, offensive, degrading, or humiliating environment.
4. Victimization occurs when an employee is treated differently or unfairly due to the employee taking action under the Equality Act.

All employees are protected from discrimination in the workplace. If you believe you are the victim of discrimination in you workplace, contact a skilled, understanding attorney to discuss the steps necessary to address and remedy the situation.

Wrongful Termination

Arizona is an “at will” state, meaning an employer does not need to provide justification for firing an employee. While this seems like a broad grant of leeway, it is not absolute. Employers are barred from firing an employee based on a protected characteristic, such as sex, race, religion, age, or disability. To have a successful wrongful termination claim, an individual must prove four elements:

1. She is part of a protected class.
2. She is a qualified employee.
3. She was fired.
4. She was treated less favorably than other similarly situated employees.

Establishing these four elements is not always simple and involves intensive document requests and depositions. An experienced employment law attorney can assist in this process and help to build the strongest case possible against the employer.

Sexual Harassment

Sexual harassment is behavior in the workplace characterized by unwelcome and inappropriate sexual remarks or advances. Common instances of sexual harassment involve the following:

• Explicit or implicit overtones
• Requests for sexual favors
• Unwelcome sexual advances

Employees are protected from having to work in an environment that is sexually charged or offensive. Contact an employment law attorney to discuss your options if you believe you are the victim of sexual harassment.

Retaliation

Retaliation in the workplace is the unlawful treatment of an employee as a result of a legally protected action. Retaliation comes in many forms, such as:

• Termination
• Demotion
• Salary Reduction
• Job Reassignment

While the above actions are clear cases of potential retaliation, it can also come in more subtle forms. An action does not need to rise to the level of termination to be considered illegal retaliation. If you believe your employer has reacted illegally against you for your protected actions, contact an employment law attorney today to discuss the merits of your case.

In addition to representing employees in employment disputes, our attorneys represent employers throughout the entire employment process, including review of corporate policies and defending against wrongful termination claims. Our team’s representation of employers includes the following practice areas:

• Claims and Litigation
• Unfair Employment Practices
• Employment Audits
• Employment Agreements
• Review of Training Procedures
• Risk Management Assessment
• Compliance Audits
• Employment Contracts
• OSHA Compliance
• Employee Benefits
• Executive Compensation

Unfair Employment Practices

It is illegal for employers to implement practices that are contrary to state and federal laws. Employees are protected by certain laws, such as:

• Americans with Disabilities Act (ADA): This legislation makes it illegal for an employer to discriminate against an employee based on a disability as long as the disability does not affect the employee’s ability to adequately perform the duties of the job.
• Age Discrimination in Employment Act: This law specifically protects employees 40 years of age or older from being discriminated against in the workplace.
• Equal Pay Act: This law requires that employers pay employees equal wages of other employees performing the same job duties, regardless of their gender.
• Family and Medical Leave Act (FMLA): This provides the legal right for employees to take up to 12 weeks off of work, unpaid, for the birth of child, adoption, care for an immediate family member with a serious illness, or the event of the employee themselves becoming ill.

Employment Audits

The JacksonWhite employment law team is available to evaluate existing procedures or assist in creation of policies for new companies. It is critical to ensure that a businesses official procedures, benefits, wages, and policies are compliant with all legal obligations. The laws that govern this area are constantly changing and it is important to regularly review and revise company policies to ensure compliance.

If you believe you may have a potential employment law case, contact a JacksonWhite employment law team member today to discuss the specifics of your situation.