Generally, unlawful discrimination may occur when an employer treats an employee less favorably on the basis of an improper reason, such as the employee’s age, race, sex, disability, religion, national origin, or genetic information.
Unlawful discrimination can take many forms. It includes, but is not limited to:
- Refusing to hire a qualified applicant;
- Assigning an employee to work less desirable positions, shifts and/or duties;
- Paying an employee less to perform the same or similar duties;
- Unjustifiably less favorable or negative performance evaluations;
- Disciplining an employee for the same or similar conduct for which other employees are subjected to lesser or no discipline; or
- Terminating an employee for an improper reason.
Gender discrimination, in addition to favoring a person of one gender over another, also includes discrimination on the basis of pregnancy, and, in certain circumstances, making employment decisions based on gender stereotypes, sexual orientation or gender identity.
Likewise, disability discrimination includes more than merely treating mentally or physically impaired persons less favorably on the basis of their disabilities. Disability discrimination may also occur when an employer refuses to provide a reasonable accommodation of an employee’s disability and/or refuses to allow a disabled person to perform a job with or without reasonable accommodations.
As with most civil matters, certain strict deadlines apply to the filing of a lawsuit or administrative charge of discrimination. Agencies and courts will dismiss claims that are not filed in a timely manner. For this reason, it's important that you consult an employment discrimination attorney.
We invite you to contact us if you believe that you have been subjected to unlawful discrimination.