LAW OFFICE OF
BRYAN A. CHAPMAN
BRYAN A. CHAPMAN
Employment
Discrimination
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:
Sex National Origin Religion Age Disability
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 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:
(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.
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For Legal Advice Bryan A. Chapman, Esquire (202) 434-8240 (202) 558-6168 (mobile) bchapman@baclaw.com |
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