How Does Workplace Discrimination Work?
A workplace attorney is a lawyer who will defend you if you are taken advantage of or discriminated against in a workplace environment. This can occur when people are discriminated against due to their gender, age, sex, race and other similar issues.
A person could be the victim of a hostile work environment where they are harassed, passed over for promotion, bullied, ignored, or for other reasons where a person could be singled out for various reasons that are outside of a normal flow of promotions, bonuses and progressions others are making but this one individual is not.
Wrongful termination is another area where discrimination can occur. Just firing someone without due cause is not the proper way to let someone go. Just because a supervisor does not like someone, for example, is no reason for termination. Most companies have a definite pattern of steps that must occur before a person can be let go, no matter how incompetent an employee might be. If these steps are not properly taken, then an employee should enlist the services of a workplace attorney.
Hiring practices follow along the same lines. A company cannot make hiring decisions solely based on sex, race, gender, age, and so forth. Of course, talent and experience have to be the main criteria that are used in the hiring process, but to single someone out because they are too old, or they are of the "wrong" race is against the law.
Workers compensation issues are a very common situation where an employer can weigh heavily upon an injured worker. The employer may overly emphasize that the injured employee see only certain doctors, when a specialist may be just what the employee needs to get well. Any undue pressure on an injured employee in a case such as this could be getting over into a harassment or discrimination issue.
A person could be the victim of a hostile work environment where they are harassed, passed over for promotion, bullied, ignored, or for other reasons where a person could be singled out for various reasons that are outside of a normal flow of promotions, bonuses and progressions others are making but this one individual is not.
Wrongful termination is another area where discrimination can occur. Just firing someone without due cause is not the proper way to let someone go. Just because a supervisor does not like someone, for example, is no reason for termination. Most companies have a definite pattern of steps that must occur before a person can be let go, no matter how incompetent an employee might be. If these steps are not properly taken, then an employee should enlist the services of a workplace attorney.
Hiring practices follow along the same lines. A company cannot make hiring decisions solely based on sex, race, gender, age, and so forth. Of course, talent and experience have to be the main criteria that are used in the hiring process, but to single someone out because they are too old, or they are of the "wrong" race is against the law.
Workers compensation issues are a very common situation where an employer can weigh heavily upon an injured worker. The employer may overly emphasize that the injured employee see only certain doctors, when a specialist may be just what the employee needs to get well. Any undue pressure on an injured employee in a case such as this could be getting over into a harassment or discrimination issue.
FMLA claims (Family Medical Leave Act) may be an area where under the law employees who are having a newborn baby arrive in their family, or someone is ill, can take time off to tend to the issues at home. Any undue pressure from the employer to shorten that period could be a discriminatory act.
Sexual harassment is another big area where the onus can work both ways. If an employee is sexually harassed by her or his boss, that is a discriminatory act. By the same token, there have been many cases where employees have claimed that they were sexually harassed, with the only motive being to obtain a large settlement from a lawsuit. The result of such a false claim can ruin a career and a life of a supervisor or management person.
Employers who require their employees to work overtime, and then end up not properly paying the employees under the wage, hour and overtime laws. This is an area that many employees are fuzzy on knowing what their rights are, and many employers get away with this more than most people think.
All of these areas are situations that are handled by workplace attorneys, and if an employee feels that he or she is being discriminated against in any of these areas, it would be wise for them to speak to a workplace attorney about it. The attorney will be very matter of fact in that if the employee is attempting to pull a fast one, the ramifications will be pointed out to the employee. On the other hand, the rights of employees, if they are being violated, are usually within the realm of being proven. By using payroll records, testimonies of other employees, and other circumstantial means, workplace attorneys can bring justice to the situation.
Sexual harassment is another big area where the onus can work both ways. If an employee is sexually harassed by her or his boss, that is a discriminatory act. By the same token, there have been many cases where employees have claimed that they were sexually harassed, with the only motive being to obtain a large settlement from a lawsuit. The result of such a false claim can ruin a career and a life of a supervisor or management person.
Employers who require their employees to work overtime, and then end up not properly paying the employees under the wage, hour and overtime laws. This is an area that many employees are fuzzy on knowing what their rights are, and many employers get away with this more than most people think.
All of these areas are situations that are handled by workplace attorneys, and if an employee feels that he or she is being discriminated against in any of these areas, it would be wise for them to speak to a workplace attorney about it. The attorney will be very matter of fact in that if the employee is attempting to pull a fast one, the ramifications will be pointed out to the employee. On the other hand, the rights of employees, if they are being violated, are usually within the realm of being proven. By using payroll records, testimonies of other employees, and other circumstantial means, workplace attorneys can bring justice to the situation.