What Is A Discrimination Claim?
A discrimination claim arises when an employer takes an adverse employment action, such as termination or failure to hire, against an employee or applicant because of his or her:
- Religious Creed
- National Origin
- Physical or Mental Disability
- Medical Condition
- Genetic Information
- Marital Status
- Gender Identity/Gender Expression
- Sexual Orientation
- Military or Veteran Status
- Age (40 or over)
Also, keep in mind it is unlawful for an employer to take an adverse employment action (i.e., termination or failure to hire) against an employee or applicant based upon the “perception” that the he or she has one of the above protected characteristics or is “associated with” someone (i.e., spouse or family member) who has one of the above protected characteristics.
How Do I Prove My Discrimination Claim?
A discrimination claim is proved through direct or circumstantial evidence of discrimination. Direct evidence may include derogatory remarks about the above protected characteristics. For example, derogatory comments about the employee’s race, religion or sex may be sufficient to prove discrimination.
Moreover, circumstantial evidence of discrimination may include suspect timing of the termination (i.e., termination shortly after the employee notifies her supervisor she is pregnant), failure to follow policies applicable to the employee, false or illogical reasons for the employee’s termination, or evidence the employer discriminated against other employees with the same protected characteristic.
What Should I Do If I Believe I Am The Victim Of Discrimination?
Discrimination claims can be difficult to prove so it is important that you hire an experienced attorney to help you through the process. Brock & Gonzales specializes in employment discrimination claims. If you have been subjected to discrimination by your employer, please do not hesitate to contact our office to set up a free consultation.
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It is unlawful sexual orientation discrimination when an employer terminates, demotes or fails to hire a person on the basis of that person’s sexual orientation. Sexual orientation includes heterosexuality, homosexuality and bisexuality, as well as gender identity and expression.
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