Achieving Win-Win Solutions
LAW OFFICE OF
BRYAN A. CHAPMAN
Employment
Discrimination
Workplace Discrimination

       The United States is in the midst of an economic contraction: tight credit,
deflating home values, record foreclosures, record gasoline prices, and rising
unemployment.  The country may be in a recession and some experts are
making comparisons to the Great Depression of the 1920's.  Stress levels are
high.

       The workplace is a microcosm of society.  There are diverse cultures,
diverse backgrounds, and inherent conflicts.  Conflicts are inevitable,
particularly in difficult times.  

       Anyone can be a victim of discrimination based on their race, sex, national
origin, religion, age, or disability.  Furthermore, anyone can be a victim of
retaliation if they complain about discrimination and then receive harsh
treatment.  

Under federal law, the categories for workplace discrimination are:

    Race
    Sex
    National Origin
    Religion
    Age
    Disability

The applicable federal laws are:

    Title VII of the Civil Rights Act of 1964 (Title VII): prohibits
    employment discrimination based on race, color, religion, sex, or national
    origin.

    Age Discrimination in Employment Act of 1967 (ADEA): prohibits
    employment discrimination against individuals who are 40 years of age or
    older.

    Title I and Title V of the Americans with Disabilities Act of 1990 (ADA):
    prohibits employment discrimination against qualified individuals with
    disabilities in the private sector, and state and local governments.

    Sections 501 and 505 of the Rehabilitation Act of 1973: prohibits
    employment discrimination against qualified individuals with disabilities in
    the federal government.

       An employee can file a complaint with the Equal Employment Opportunity
Commission (EEOC) within 180 days of the last incident of discrimination.  
EEOC will investigate the complaint and offer mediation.    

       If EEOC does not resolve the complaint, an employee can request a
"Right to Sue" letter.  Upon receiving a "Right to Sue" letter, the employee has
90 days to file a discrimination claim in federal court.  The requirement for filing
a discrimination claim in federal court is "a short and plain statement of the claim
showing that the pleader is entitled to relief."
Swierkiewicz v.Sorema N.A., 53
U.S. 506, 512 (2002)  

       An employee can seek evidence of discrimination through discovery.  
Evidence can be gathered through interrogatories, production of document
requests, and depositions.  The burden and expense of discovery frequently
compels employers to settle with their employees.

Pregnancy Discrimination is prohibited under the Pregnancy Discrimination Act,
which is an amendment to Title VII of the Civil Rights Act of 1964.

Retaliation

       Retaliation occurs when an employee complains about discrimination and
the employer then subjects the employee to harsher treatment.  

       For example, an employee complains that he is being discriminated against
by his supervisor.  A month later, due to his complaint, the employer reassigns
the employee to a less desirable position.    

       The United States Supreme Court expanded the scope of retaliation in
Burlington N. & Santa Fe Rwy. Co. v. White, 126 S. Ct. 2405 (2006).  To
establish a claim for retaliation, a plaintiff must show:

    (1) they engaged in protected activity;

    (2) the defendant took action that would be "materially adverse to a  
        reasonable employee or job applicant"; and,

    (3) there is a causal connection between the protected activity and the
        asserted adverse action.

       Materially adverse means harmful enough to"dissuade a reasonable
worker from making or supporting a charge of discrimination."  
Burlington,
126 S. Ct. at 2409.  Prior to
Burlington, many employers assumed they were
safe as long as they did not suspend, demote, or terminate the employee.

       Many employers get in trouble when a supervisor, who has been accused
of discrimination, is allowed to supervise the employee who accused them of
discrimination without adequate monitoring.  For example, the supervisor, who
may be resentful, takes unwarranted disciplinary action against their accuser or
has the accuser reassigned to a less desirable position.

Rising Unemployment Rate: Disproportionate Impact

       According to the Bureau of Labor Statistics, from March 2007 to March
2008, the number of unemployed persons has increased by 1.1 million.  In
March 2008, the unemployment rate rose from 4.8 to 5.1 percent.  In the
month of March 2008, the unemployment rate for Black and Hispanic workers
rose by 0.7 percent, respectively, compared to 0.2 percent for White workers.  

Bureau of Labor Statistics: Employment Situation Summary

                                         ___________________

                                 Law Office of Bryan A. Chapman

                        Tel. (202) 434-8240    (202) 558-6168 (mobile)        

                                         bchapman@baclaw.com

     601 Pennsylvania Avenue, N.W., Suite 900, Washington, D.C. 20004

Article:

Tristin Green, Discrimination in Workplace Dynamics: Towards a
Structural Account of Disparate Treatment Theory, Harvard Civil Rights -
Civil Liberties Law Review, vol. 38, No. 1, Winter 2003.
    .  

For Legal Advice

Bryan A. Chapman, Esquire

(202) 434-8240
(202) 558-6168 (mobile)

bchapman@baclaw.com
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