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, and rising
    unemployment.  The country is in a terrible recession.  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.
                                            ___________________

                          Law Office of Bryan A. Chapman

                       1 866 419 6379 (toll free)

                           202 558 6168 (local)

                                          bchapman@baclaw.com
                                           
 325 Pennsylvania Avenue, S.E., Suite 255, Washington, D.C. 20003
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