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Employer-Employee Relations: Should I Sue for Discrimination?

Employer-Employee Relations: Should I Sue for Discrimination?

Discrimination in the workplace comes in many different forms. Sometimes, it’s easy to spot, and other times it may be subtle or behind your back. Unfortunately, many people who have been wrongfully terminated due to discrimination may not understand their full rights. Here are some red flags to look out for and the steps you should take.

What is Considered Discrimination?

While employees aren’t protected from wrongful termination due to personality conflicts or questioning a managers’ business judgments, they are protected from being wrongfully terminated due to discrimination. You cannot be fired for:

  • Race
  • Color
  • National Origin
  • Sex
  • Pregnancy
  • Religion
  • Disability
  • Age
  • Marital Status

Did You File a Discrimination Complaint?

If you have filed a formal complaint involving discrimination, you are protected by law from retaliation from your employer. An employer is not allowed to punish an employee for exercising their labor rights. Acts of retaliation after filing a discrimination complaint may include the following:

  • Demotion
  • Disciplinary action
  • Termination
  • Reduction in salary
  • Negative performance evaluations
  • Job transfer
  • Change in job assignments
  • Change in job duties
  • Shift changes
  • Change in other terms and conditions of employment

Were You Fired in Retaliation of the Discrimination Complaint?

If you were fired in retaliation by your employer because you filed a discrimination complaint, you are protected by law. To prove employer retaliation, you must establish the following:

  • What you did is a protected activity.
  • Your employer took negative action against you.
  • There is a causal link between your activity and the action your employer took against you.

There are two kinds of protected activity — opposition and participation. Here are some examples:

Opposition

  • Complaining about alleged discrimination
  • Threatening to file a discrimination claim
  • Protesting in opposition to discrimination

Participation

  • Filing a discrimination claim
  • Assisting a co-worker in a discrimination case
  • Requesting reasonable accommodations for a disability

Are you facing retaliation from your employer from filing a discrimination claim? With decades of experience, The Law Offices of George P. Escobedo & Associates, PLLC can help. Call us today at (210) 807-3178 for a free case evaluation.

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