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How To Protect Yourself Against Employment Discrimination
If you have recently lost your job, you may be wondering if you have a wrongful termination case. Alabama and Georgia are “at-will” states, which means that, in general, employers have the right to fire an employee at any time and for any reason. Most employers require new employees to sign paperwork that states that their employment is at will.
This doesn’t mean that there aren’t illegal reasons for your firing. If you believe you have been wrongfully terminated or fired for an illegal reason, you may be able to file a legal claim against your ex-employer. These types of cases can be complicated, and there are specific procedures you must follow to bring the claim to a successful conclusion. If you are considering this course of action, you will need strong legal counsel by your side advocating forcefully for your rights and interests.
The wrongful discrimination lawyers of Barrett & Farahany are dedicated to fighting against all types of civil rights violations. We have established a successful track record with these types of cases. With an in-depth knowledge of federal and state employment and civil rights laws, we put our extensive experience to work to thoroughly examine the specifics of each case. We will explore every potential legal avenue toward obtaining full relief on your behalf.
Wrongful Termination in the Workplace
Although employers usually have the right to terminate an employee at will, there are some exceptions to this rule. For one thing, the reason for termination must fall within the guidelines of federal employment laws.
Various federal laws protect workers from unlawful dismissals based on membership in a protected class. There are also laws against retaliatory termination after an employee asserts their rights, reports misconduct, or participates in an investigation.
Discriminatory Termination: Have You Been Fired Because of Discrimination?
Federal law prohibits most employers from terminating employees based on any of the following protected classes:
- Race: Refers to a group of people identified as distinct based on physical characteristics such as skin color, facial features, or hair texture. Protection against racial discrimination ensures individuals are not treated unfairly due to their racial identity.
- National Origin: Refers to an individual’s place of birth, ancestry, culture, or linguistic characteristics associated with a particular country or region. Protection ensures individuals are not discriminated against based on their heritage or cultural background.
- Sexuality: Refers to an individual’s sexual orientation, including heterosexuality, homosexuality, bisexuality, or other orientations. Protection ensures individuals are not treated unfairly due to their sexual preferences or identity.
- Age (for employees at least 40 years old): Refers to protection against age discrimination for individuals aged 40 and older. This ensures that older employees are not treated less favorably in hiring, promotions, layoffs, or other employment decisions due to their age.
- Religion: Refers to an individual’s religious beliefs, practices, or affiliations, including organized religions (e.g., Christianity, Islam, Judaism) and less traditional or non-theistic beliefs. Protection ensures individuals are not discriminated against for their religious practices or lack thereof.
- Skin Color: Refers to the pigmentation, complexion, or tone of an individual’s skin. Protection ensures individuals are not treated unfairly based on the shade or color of their skin, even within the same racial or ethnic group.
- Gender: Refers to an individual’s identity as male, female, or non-binary, as well as gender expression (how one presents their gender through clothing, behavior, etc.). Protection ensures individuals are not discriminated against based on their gender identity or expression.
- Disability: Refers to physical or mental impairments that substantially limit one or more major life activities. Protection ensures individuals with disabilities are not discriminated against and are provided reasonable accommodations to perform their job or access services.
- Pregnancy: Refers to the condition of being pregnant, childbirth, or related medical conditions. Protection ensures individuals are not discriminated against due to pregnancy and are provided reasonable accommodations, such as leave or modified duties, as needed.
An employer cannot terminate you for being a member of any of these protected classes, and if you can prove that they do, they would violate the law.
Examples of Employment Discrimination in Termination
Here are some possible examples of wrongful termination based on discrimination:
- You are over the age of 40 and have been subject to disciplinary actions for things that younger employees have gotten away with doing, and you are eventually fired for it.
- You are terminated shortly after your employer learns that you are pregnant.
- A manager or supervisor has demonstrated a bias against the particular race you belong to, and you are terminated for something that others of a different race have done and not lost their job for.
- You resigned from your position due to proven sexual harassment or a hostile work environment.
What is Title VII of the Civil Rights Act?
Title VII of the Civil Rights Act of 1964 is a landmark federal law in the United States that prohibits employment discrimination based on certain protected characteristics. It applies to employers, labor organizations, and employment agencies. Here’s a breakdown of its key elements:
What Title VII Prohibits
Title VII makes it unlawful for employers to discriminate against individuals in hiring, firing, promotions, compensation, or other terms, conditions, or privileges of employment based on the following protected characteristics:
- Race
- Color
- Religion
- Sex (including gender identity, sexual orientation, and pregnancy, as clarified by subsequent court rulings and amendments)
- National Origin
Who Is Covered
- Employers with 15 or more employees.
- Federal, state, and local governments.
- Employment agencies and labor organizations.
Key Provisions
- Disparate Treatment: Prohibits intentional discrimination against an individual based on a protected characteristic.
- Disparate Impact: Prohibits employment discrimination practices that, while seemingly neutral, disproportionately affect individuals of a protected group unless the practice is job-related and necessary for business operations.
- Religious Accommodation: Requires employers to reasonably accommodate an employee’s religious practices unless doing so would cause undue hardship to the business.
- Sexual Harassment: Prohibits harassment based on sex, including quid pro quo harassment (e.g., requiring sexual favors for job benefits) and hostile work environments.
- Retaliation: Prohibits employers from retaliating against employees who file discrimination complaints, participate in investigations, or oppose discriminatory practices.
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing Title VII. Employees who believe they have been discriminated against must file a complaint with the EEOC before pursuing a lawsuit in court.
Title VII was a groundbreaking piece of legislation that laid the foundation for workplace equality in the U.S. It has been expanded and clarified over time through amendments (e.g., the Pregnancy Discrimination Act of 1978) and court rulings (e.g., recognizing protections for LGBTQ+ individuals under “sex” discrimination in Bostock v. Clayton County in 2020).
Retaliatory Termination
An employer is not allowed to fire an employee after the employee filed a claim for harassment or discrimination, or because an employee reported workplace misconduct, an unsafe work environment, or is participating in an investigation. These circumstances would all be considered retaliation. Employers are also prohibited from terminating or taking other negative actions against employees who file a workers’ compensation claim.
Closely related to retaliation is being terminated for reporting illegal activities to government authorities. Employers are prohibited from terminating an employee who reports violations of law to the government under the Whistleblower Protection Act. Employers are also not allowed to create a hostile work environment for employees who become government whistleblowers.
Termination for Taking Approved Time Off Work
Under federal and state laws, employees have the right to take time off for certain civic duties and personal obligations. These include:
Military Leave:
Federal law allows employees to take up to five years of leave to serve in the military and gives them the right to return to their jobs following leave. Alabama extends this law to cover employees called to active state duty for at least 30 days.
Jury Duty:
If you are a full-time employee, you are entitled to your standard pay while you are out for jury duty.
Voting:
Employees are allowed to take up to one hour of unpaid time off to vote unless they already have at least two hours off after the polls open in the morning or at least one hour off before the polls close in the evening.
Family and Medical Leave:
Employees in Georgia and Alabama are covered by the federal Family and Medical Leave Act (FMLA). Under the FMLA, employers with at least 50 employees are required to provide their employees with up to 12 weeks of unpaid leave to care for a newborn or adopted child, deal with a serious health concern, or care for a close family member with a serious health concern.
Termination for Breach of Contract
While most employees are at will, some employees are not. For example, if you signed a written contract before you started working that states that your employment is for a set or indefinite period of time and that you could only be terminated for certain reasons (such as gross negligence or misconduct), being fired before the expiration of the contract for any other reason could constitute wrongful termination. A written contract may also exist as part of a union-negotiated collective bargaining agreement, or it could be outlined in an employee handbook.
Even if the contract is not in writing, you still may have been wrongfully terminated if the employer gave you a verbal or implied promise of a certain length of employment. For example, maybe your employer told you when you were hired that your tenure would be indefinite as long as you performed up to certain standards. However, verbal and implied contracts are more difficult to prove, so you will most likely need the testimony of coworkers and other evidence to help corroborate your claim.
Contact an Experienced Atlanta Wrongful Termination Attorney
Losing your job can leave you wondering how you’ll provide for yourself and your family. You shouldn’t be left to deal with this alone if your termination violated state or federal laws. If you believe you have been wrongfully terminated from your job, you have legal rights and remedies that may be available to you. These could include back pay, forward pay, reinstatement, compensatory damages, punitive damages, and legal fees.
At Barrett & Farahany, our wrongful termination lawyers have years of experience fighting for the rights of employees in Alabama and Georgia. Contact us today to learn more about how we can help.
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