Employment law Discrimination Cases
Discrimination Cases
One of the secondary situations that can arise from discrimination cases is retaliation. As a New Jersey employment lawyer, Ty Hyderally has litigated many such cases that have come about as a result of a discrimination case. When an employee takes any type of action which opposes discrimination such as filing a discrimination charge or participating in any type of proceedings having to do with discrimination in the workplace, the employer is not allowed to take any form of retaliatory actions against the employee. The same employment laws which prohibit discriminatory acts also prohibit retaliatory actions against employees who have opposed unlawful discrimination.
What Actions are Considered Retaliation?
There are many actions that can be considered retaliatory. An employer cannot harass, demote or terminate an individual for participating in an act that opposes discrimination. The EEOC is the agency which enforces the laws concerning discrimination and retaliation. This includes any type of retaliation involving cases filed under the Americans with Disabilities Act (ADA). Individuals are protected from intimidation, threats, coercion, harassment and any other types of actions which are meant to interfere with their rights under the ADA and other employment laws.
Retaliation Claims are Applicable if the Discrimination Case was Lost
Even if the individual failed to prove that they had been discriminated against in the workplace they are protected. As long as the employee truly felt that they had been discriminated against by their employer they can challenge any conduct that appears to be retaliatory. As an example, If an employee complained that they were not paid overtime for extra hours worked because they were salaried and the Department of Labor’s investigation showed that they were not due overtime, they are still protected from retaliation for the complaint. As long as the employee files the charges in good faith and based on the law, the employer is prohibited from retaliating in any way.
Covered Individuals
A covered individual is a person who has engaged in opposing an unlawful practice, engaged in legal proceedings or has requested some type of accommodation which is related to employment discrimination. This can be discrimination that has been based on race, sex, religion, national origin, age, color or disability. And in some states like New Jersey, it is prohibited to discriminate based on sexual orientation. A covered individual may also be a person who is in close association with another who has been involved in a discrimination proceeding. For instance, it is illegal for an employer to fire an employee based on the sole fact that their spouse was involved in some form of litigation involving employment discrimination.
Protected Activities
There are two types of protected activities: opposition and participation. When an employee opposes any type of action that they feel is discriminatory in nature they are protected by the law. Opposition to discrimination could include something as simple as informing the employer or supervisor of a situation that appears to be discrimination. As long as it is a reasonable complaint that is filed in good faith the employee is protected against retaliation. Other actions that can be protected as forms of opposition to discrimination include threatening to file discrimination charges, refusing to obey orders that are considered to be discriminatory, or picketing as an outward show of opposition to discrimination. Some actions that are not considered to be protected types of opposition may include actions that interfere with the employee’s job performance or making unlawful threats of violence.
When an individual participates in any type of proceeding involving employment discrimination it constitutes “participation.” This is a protected activity even if the claims of discrimination were found to be invalid. Protected participation includes things like filing a charge of discrimination against the employer, cooperating in instances when an internal investigation is conducted and serving as a witness in any sort of EEOC litigation or investigation.
What Actions are Considered Retaliation?
There are many actions that can be considered retaliatory. An employer cannot harass, demote or terminate an individual for participating in an act that opposes discrimination. The EEOC is the agency which enforces the laws concerning discrimination and retaliation. This includes any type of retaliation involving cases filed under the Americans with Disabilities Act (ADA). Individuals are protected from intimidation, threats, coercion, harassment and any other types of actions which are meant to interfere with their rights under the ADA and other employment laws.
Retaliation Claims are Applicable if the Discrimination Case was Lost
Even if the individual failed to prove that they had been discriminated against in the workplace they are protected. As long as the employee truly felt that they had been discriminated against by their employer they can challenge any conduct that appears to be retaliatory. As an example, If an employee complained that they were not paid overtime for extra hours worked because they were salaried and the Department of Labor’s investigation showed that they were not due overtime, they are still protected from retaliation for the complaint. As long as the employee files the charges in good faith and based on the law, the employer is prohibited from retaliating in any way.
Covered Individuals
A covered individual is a person who has engaged in opposing an unlawful practice, engaged in legal proceedings or has requested some type of accommodation which is related to employment discrimination. This can be discrimination that has been based on race, sex, religion, national origin, age, color or disability. And in some states like New Jersey, it is prohibited to discriminate based on sexual orientation. A covered individual may also be a person who is in close association with another who has been involved in a discrimination proceeding. For instance, it is illegal for an employer to fire an employee based on the sole fact that their spouse was involved in some form of litigation involving employment discrimination.
Protected Activities
There are two types of protected activities: opposition and participation. When an employee opposes any type of action that they feel is discriminatory in nature they are protected by the law. Opposition to discrimination could include something as simple as informing the employer or supervisor of a situation that appears to be discrimination. As long as it is a reasonable complaint that is filed in good faith the employee is protected against retaliation. Other actions that can be protected as forms of opposition to discrimination include threatening to file discrimination charges, refusing to obey orders that are considered to be discriminatory, or picketing as an outward show of opposition to discrimination. Some actions that are not considered to be protected types of opposition may include actions that interfere with the employee’s job performance or making unlawful threats of violence.
When an individual participates in any type of proceeding involving employment discrimination it constitutes “participation.” This is a protected activity even if the claims of discrimination were found to be invalid. Protected participation includes things like filing a charge of discrimination against the employer, cooperating in instances when an internal investigation is conducted and serving as a witness in any sort of EEOC litigation or investigation.