Workplace discrimination can occur in several ways. The law protects people in certain categories from discrimination or harassment at their place of employment. These protected categories include race, sex, age, national origin, color, religion, and disability. At this time, the law is not settled on whether sexual orientation is a protected category.
An employee should not suffer an “adverse employment action” related to membership in a protected category. That means an employer cannot fire, refuse to hire, or pay a person less because that person is a member of a protected category.
It also means an employer cannot harass an employee because of membership in these protected categories. To state a case for illegal harassment, the employee must show he or she was subjected to severe or pervasive conduct that substantially altered the terms and conditions of the workplace.
Proving employment discrimination can be difficult. The employee must prove that membership in the protected category was the basis for the discrimination.
If you believe you have been discriminated against in your employment, contact the attorneys at Johnston Tobey Baruch for an evaluation of your claims by clicking the Tell Us About Your Case button and selecting the Employment Law option.
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