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3.4.16

 

You just lost your job for no reason.  Or you weren’t hired and you know you were the most qualified.  You came back from having a child and you lost your job. Was this because of discrimination?

 

There are many forms of discrimination and it still happens today.  Laws make it illegal for an employer to take adverse employment action against you.  However, it can be difficult to prove.  First, let’s explore the true meaning of discrimination and what claims are out there. 

 

What Is Discrimination?

 

There are several laws that protect you and each law makes it illegal to discriminate against certain categories of people or protected classes.  You are only protected if you fall under one of these classes.  It is illegal to discriminate against someone based on age, race, color, religion, sexual orientation, national origin or gender.  Also it is also illegal for an employer to discriminate against a woman based on pregnancy, childbirth or medical conditions related to the pregnancy and/or birth. Employers also can’t discriminate against people with a disability. 

 

What Types Of Discrimination Claims Can I Make?

 

Here are some discrimination claims:

 

•Discriminatory claim is when you feel your employer treated you worse because you were a member of a protected class or category.

•An impact claim is a type of discrimination based on the effect of an employment practice.  For example, if a company has a seemingly neutral policy rule or practice in place that negatively impacts a protected class like a strength requirement that females could not meet. 

•A retaliation claim is when an employer retaliates against an employee who engages in conduct that the law protects, like making a complaint about discrimination, or reporting a safety hazard.  

 

What Types Of Evidence Do I Need? 

 

Direct evidence is the best, which could be written documentation from your employer saying you need to be let go because of your age, but this is hard to get.  Other examples include verbal comments, memos, emails or a written policy.

 

Having these types of evidence is very unrealistic.  You must fit into one of these protected categories and have enough circumstantial evidence for a jury.

 

Some types of employment cases are easier to win than others such as retaliation cases.  Despite the amount of evidence you have, you will need to show that you are honest, respectful and accountable to prevail. 

 

More Questions? 

Give AA Law a call today to discuss.  We are here to help and will evaluate your case.