Employment Discrimination
Discrimination in the workplace is not the same problem it once was. With the widespread acceptance of diversity as positive and consciousness of civil rights in the workplace, many of the direct forms of work discrimination–such as blatant disparities in levels of workers’ compensation–have been reduced and/or eliminated. What has emerged in its place, unfortunately, is a more subtle discrimination in the workplace, a discrimination that is nevertheless just as frustrating for employees and just as wrong. These indirect forms of employee discrimination can include: unfair or illegal hiring practices, differential treatment of employees in the workplace, disparities in employee promotions or salary raises, wrongful termination, or any of a multitude of others.
Employment discrimination should not be tolerated. The award-winning attorneys at Halunen & Associates have worked for years aggressively engaging in litigation against companies and corporations that have idly sat by while discrimination occurs in their offices. We’re here to assist you in your pursuit of justice, so if you or someone you know has experienced workplace discrimination, call us today.
Discrimination involves fundamental issues of human rights and freedoms. Everyone has the right to be treated with dignity and respect, to be treated as a person, in their workplace or when applying for a job. At Halunen & Associates, our experienced employee rights attorneys have vigorously and effectively represented employees in employment discrimination matters.
Federal and State law prohibits discrimination in many employment areas including hiring, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment. Employers cannot terminate or discriminate against an employee based on age, disability, race, religion, national origin, pregnancy, gender, sexual orientation, or any other clearly discriminatory reason.
There are many legal resources available to employees to help protect their rights and protect them from unlawful discrimination. Title VII of the Civil Rights Acts of 1964 is the primary federal statute prohibiting discrimination in the workplace. This Act was amended in 1991 in order to strengthen and improve Federal civil rights laws, to provide for damages in cases of intentional employment discrimination, and to clarify provisions regarding disparate impact actions. The Minnesota Human Rights Act and the Illinois Human Rights Act offer much more comprehensive protection in the workplace, and extend rights to many areas not covered by federal statute. Employees are protected in the workplace, and we at Halunen & Associates have the necessary resources and expertise to successfully stand up for your rights.
Halunen & Associates represent clients who believe they have been the victims of all kinds of employment discrimination, including (but not limited to) the following:
- Age Discrimination
- Disability Discrimination
- Race Discrimination
- Religion Discrimination
- National Origin Discrimination
- Pregnancy Discrimination
- Sex/Gender Discrimination
- Sexual Orientation Discrimination
- Whistleblower Retaliation
Attempting to Prove Discrimination
An employee who wishes to bring a suit against their employer must prove they are a member of a protected class and prove they suffered an adverse employment action. The burden of proof is placed on the employee. The most important consideration in a Job Discrimination lawsuit is the defendant’s (employer’s) motive. Why? Why was your position with the company terminated? Why weren’t you hired? Why weren’t you promoted? Was it due to your being part of a protected class (race, sex, age, etc.)?
May an employer or supervisor “play favorites” among employees?
Wrongful Termination
According to state law in most states, including Minnesota and Illinois, employment is considered to be “at will”. Unless there is a contract stating otherwise, employment is voluntary for both employers and employees. This allows an employer to terminate the employment relationship whenever it wants. The employer must, however, show “good cause” for the termination. Good cause includes employee performance problems, employee wrongdoing, economic hardship of the employer, or any other legitimate business reason.
Although it is not always a simple matter to determine whether wrongful termination has occured, termination based on discrimination or retaliation clearly qualifies as wrongful. For example, employers cannot terminate employment based on gender, race, creed, religion, or any other clearly discriminatory reason. Similarly, employers may not terminate employment because an employee reported illegal activities of their company to the appropriate authorities or because an employee refused to commit an illegal action at the behest of the employer. Termination in such circumstances is referred to as “retaliatory,” and is not permitted under the law.
Contact our offices if you believe you have been the victim of employment discrimination and you would like to consult an attorney about your concerns. Please fill in our contact form or call our Minneapolis or Chicago offices below for a free initial consultation. We’d be happy to help you evaluate your situation. If you have any further questions about employment discrimination, or if you or someone you know has been wronged, call or write our offices immediately.