The Law Office of
Joseph A. Velez
480.710.5079
Phoenix, Arizona Employment & Labor Law Attorney
Workplace Discrimination: Race, Age, Gender, Etc.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
Our law office represents clients throughout the Phoenix, Arizona area including the cities of Scottsdale, Maricopa, Mesa, Surprise, Paradise Valley, Avondale, Gilbert, Chandler, Glendale, Florence, New River, Fountain Hills, Peoria, Surprise, Queen Creek, Tempe, Sun City, Apache Junction, and Casa Grande. We serve the counties of Maricopa, Yavapai, Gila, Pinal, La Paz, Yuma, and Pima County.
The Law Office of Joseph Velez
Employment Attorney
7150 E. Camelback Rd., Suite 200
Scottsdale, Arizona 85251
480.710.5079
Overview:
There are various federal and state employment laws that prohibit discrimination based on race, color, religion, national origin, sex (including sexual harassment), age (for those over 40), disability, or status as an active duty service member or veteran. Despite the stringent state and federal laws prohibiting unequal treatment in the workplace, far too many employers still discriminate against and/or tolerate the harassment of their employees. It is therefore crucial for employers and employees to be aware of the particular statutes they could potentially be subject to.
Types of Workplace Discrimination
The discrimination statutes and laws reach all forms of conduct by employers, including recruiting practices, hiring decisions, pay levels and potential wage violations, working conditions, training, evaluating, promotions, terminations, and employee benefits. Employers can violate the law not merely when they intend to treat an employee differently because of the employee's “protected classification,” but also when they utilize employment practices that appear nondiscriminatory, but that have a significant adverse impact on a protected class. Employer practices that have the effect of being detrimental to older, minority, female, or disabled employees or applicants, must be justified by business necessity.
Discrimination and retaliation can occur in many forms. A company might underpay racial minority groups or groups for whom English is a second language, offering them fewer chances for advancement. A disabled person could be denied a job because accommodations required by the Americans with Disabilities Act (ADA) are not provided, or could be terminated because of a disability. The following are discriminatory actions that may lead to a discrimination claim include:
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•Wrongful Termination based on the protected characteristics
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•Retaliation for opposing or reporting illegal discrimination
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•Failure to comply with the Family Medical Leave Act
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•Denied unemployment benefits
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•Not getting an interview or being hired
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•Being passed over for promotion
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•Getting fired for no other credible reason
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•Not being paid what others in similar positions are making
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•Suffering through offensive or demeaning jokes or conversations
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•Being treated differently than others with regards to work terms or privileges
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•Being physically or verbally abused on the job
It is beneficial to notify the Equal Employment Opportunity Commission (EEOC) of workplace discrimination by filing a complaint to end the harassment or discrimination. A federal employment discrimination case cannot be filed in court until the claim is first filed with the EEOC. Once reviewed, the EEOC will issue a “Dismissal and Notice of Rights” or “Notice of Right to Sue,” (Form 161). Often times the EEOC’s decision on the claim offers enough leverage to negotiate a settlement outside of court. An employment attorney can help evaluate your claim, determining the likelihood of its success, and aggressively negotiate on your behalf to obtain the best compensation possible. However, it is strongly advisable that you consult an employment attorney before making any written complaint to the EEOC.
Statutes of Limitations: The statute of limitations determines how long you have to bring a particular claim against your employer. How long you have to bring a lawsuit against your employer will depend on the particular violation of the law. For example, certain employment claims allow up to a three (3) year statute of limitations while others require that you file your complaint within only 300 days of the employer’s illegal act.
Employment law cases are extremely factually intensive, requiring that many questions be answered (and consequently, each answer leading to still more questions and so on). Because of this, the assessment of an employment law case is not suited for a quick telephone conversation. If you believe you have been denied a job, fired, or wrongly treated on the job because of race, national origin, age, gender or any of the other protected characteristic/classes you may have an actionable claim. Please call our office for a consultation.
