Employees have the legal right to be free of discrimination in the workplace; federal laws prohibit workplace discrimination including the Age Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and the Equal Pay Act.
If you believe that an employer has discriminated against you on the basis of age, race, sex, color, religion, or national origin, please contact an employment discrimination attorney at Lundell Law Firm today for a consultation.
Proving Employment Discrimination
It is very rare that an employer or colleague will make a direct statement (i.e. I’m firing you because I want someone younger) indicating a discriminatory intent. When such statements occur this is known as direct evidence. The vast majority of cases however are based on circumstantial evidence known in the legal community as the prima facie case.
The Age Discrimination in Employment Act 29 USC 621 et seq. persons age 40 or over are protected by the act. Replacement by a less qualified, younger person generally leads to an inference that age was a motivating reason for the decision. Where there is a significant age difference replacement by someone even in the protected age group (i.e. 63 replaced by 53 year-old), it may lead to an inference of age discrimination.
Race discrimination in the workplace is prohibited by Title VII of the Civil Rights Act of 1964 42 USC 2000e. All races are protected. The burden of proof in a reverse race case (white employee treated less favorably than minority employee), however, may be higher depending on the jurisdiction you are in. If you have been terminated or denied a position, you should attempt to learn as much about the qualifications of your replacement or the successful candidate as possible. The selection of a less qualified individual who is retained or hired in your place should lead a lawyer to evaluate whether employment discrimination was a factor.
Gender and Sex Discrimination
Gender or sex discrimination is also prohibited by Title VII of the Civil Rights Act of 1964. Both sexes are protected against sex discrimination. Again however, more proof may be required in a case where a female replaces a male. Not surprisingly reverse discrimination against males, like discrimination against females, often takes place when the person enters a job traditionally held by the other sex (e.g. male nurse, female engineer).
Speak with an employment law attorney today about your employment discrimination questions
If you think you have been a victim of discrimination, it is wise to seek early legal advise from experienced lawyers who can assist you in understanding the federal and state employment laws.
To make an appointment to discuss your situation with a knowledgeable attorney, contact Lundell Law Firm of Monroe, NC. Call us today at (704) 288-4096, or request a consultation.