Dozier Law Group LLC has extensive experience in every aspect of employment law, including claims for discrimination on the job based on race, skin color, sex (gender), pregnancy, ethnicity, age and disability. Whatever your issue, we can address your concerns and advise you as to your options and the best course of action based on your particular situation.
- Discrimination in the Workplace
- Race, Color and Ethnic Background Discrimination
- Gender Discrimination
- Age Discrimination
- Disability Discrimination
- Retaliation
- Family and Medical Leave
Discrimination in the Workplace
Even though federal and state employment laws prohibit employers from treating employees differently on the job based on certain protected characteristics, discrimination at work is still an ongoing problem for many workers. Companies are made up of individuals, and managers and supervisors often act on their own negative stereotypes or prejudices in making decisions that affect employees in terms of discipline, pay, work assignments and job status. Some of the most common types of job discrimination occur when employers show bias in hiring, promoting, disciplining or compensating employees due to characteristics such as race, gender, ethnicity, age or disability.
Please be advised that to bring a cause of action for unlawful discrimination, harassment or retaliation in a court of law you must first file a Charge of Discrimination with the Equal Employment Opportunity Commission (“EEOC”), an agency of the federal government, within 180 days of the unlawful action. If you fail to file a timely Charge of Discrimination with the EEOC, you lose the right to bring such a claim in state or federal court. Dozier Law Group LLC regularly represents employees by filing EEOC Charges on their behalf and working with them to resolve the matter, if possible, through settlement negotiations with the employer and EEOC personnel prior to filing a case in a court of law.
The contact information for the Atlanta office of the EEOC is:
Equal Employment Opportunity Commission
Atlanta District Office
100 Alabama Street, SW, Suite 4R30
Atlanta, Georgia 30303
(404) 562-6800 or (800) 669-4000
Race, Color or Ethnic Background
Although there have been improvements in terms of race relations in this country since the passage of Title VII of the Civil Rights Act of 1964, discrimination in the workplace is still a reality. Discrimination, especially race discrimination, is much more subtle than in years past, and thus more difficult to prove. Now that an African-American has been elected to the highest office in the country, many people think that race discrimination at work no longer exists. Unfortunately, when minority employees attempt to exercise their rights and report to management they think that they’ve been the victim of discrimination, they are often branded as “difficult” or “troublemakers”, and their situation may get worse as a result. As such, we take discrimination in the workplace due to race, skin color and ethnic background very seriously.
Individuals should not have to worry that their race, skin color or ethnic background could affect them in terms of getting a good job, advancing within a company, or receiving a pay raise. If you have been subjected to discrimination at work because of your race, color or ethnic background, you have rights under the law. You may be entitled to receive compensation for lost income and benefits due to discrimination, in addition to other monetary relief. Depending on the facts of your case, punitive damages may be warranted to punish the employer and to deter future violations of the law against you and other employees. Contact Dozier Law Group LLC to learn more about your rights and potential legal remedies.
Gender and Pregnancy Discrimination
Although companies are becoming more receptive to women advancing into managerial and executive positions, many women find that their opportunities for advancement are limited or they are not receiving comparable pay and benefits to their male counterparts. Many women find that despite their excellent performance and results on the job, they have hit a “glass ceiling” and are denied promotions and pay raises. Similarly, some women are told that their position has been “eliminated” or they are laid off or let go without any notice or counseling about their job performance or conduct shortly after informing their employer that they are pregnant.
Gender discrimination at work can take many forms, much of which is very subtle. Quite often, the language of discrimination is as subtle as the act itself. A well-qualified woman might be passed over for a promotion or new job because she is told that clients and co-workers feel more comfortable working with another employee, who just happens to be a male. Another woman might find that her position and pay were lowered or she was reassigned to different duties after returning from maternity leave. There are numerous other situations which arise from unfounded concerns or stereotypes about the role that women should play or the extent of their capabilities in the workplace. We urge any woman who feels that she has experienced discrimination in the workplace to document any incidents and contact an experienced discrimination attorney.
Age Discrimination
Employees over the age of 40 are protected against age-related job discrimination due to a pervasive bias against older employees. For example, employees over 40 years of age may find that they are passed over for promotions in favor of less-qualified employees because management wants a younger, more energetic office environment or feels that younger employees will be more productive and motivated. Another example of age discrimination at work could be an employer laying off older employees to replace them with younger workers with lower salary requirements.
Your life experiences, work achievements and job knowledge should be valued. As the baby boomer population gets older, age discrimination promises to be more prevalent and will affect more people than ever. If you feel that you have been discriminated against due to your age, contact Dozier Law Group LLC .
Disability Discrimination
People with disabilities face unique challenges in the workplace. Sometimes, employers do not seriously consider job applicants with disabilities for open positions based on preconceived notions of how their disabilities would or might interfere with their job performance. Disability discrimination occurs when an employee with a visible or non-visible disability is treated less favorably than other employees or job applicants because of his or her condition. People with disabilities are protected in the workplace and in other public places by the Americans with Disabilities Act or ADA. This legislation provides that disabled individuals cannot be discriminated against, and employers are required to make reasonable accommodations which would allow people with disabilities to perform their job duties.
If you believe that you have a condition which qualifies as a disability under the ADA and an employer has treated you less favorably or has wrongly assumed that you cannot successfully perform a certain job as a result, you may have a claim for discrimination under the ADA. Because claims under the ADA turn on very specific facts and circumstances, it is important for you to contact experienced employment law attorneys to evaluate your particular situation. The only way to end discrimination against individuals with actual or perceived disabilities is to confront negative stereotypes and unfounded assumptions.
Retaliation
Federal law protects employees who attempt to assert their rights by reporting what they believe to be unlawful discrimination or harassment in the workplace. The United States Congress intends to encourage employees to report discrimination and harassment at work by making it unlawful for employers to retaliate against employees who report such activity through proper channels. Employees who have been the victim of unlawful actions or have seen others victimized should not suffer additional punishment when they try to make it stop by reporting it to management. This is the basis for the retaliation protection provided under federal law.
Recent developments in the law have lowered the bar for retaliation claims and have made it a little easier for employees to succeed with retaliation claims. If you believe that you or others have been discriminated against or harassed at work based on race, skin color, sex (gender), pregnancy, ethnicity, age or disability, check the employee handbook, policy manual or other company documents to see if the employer has a written policy about reporting discrimination or harassment. If so, closely follow the policy and report the activity to appropriate personnel. If you make the report verbally, document that you did this by sending a follow up e-mail, memo or letter confirming the report and what was said, and keep a copy for your records. If the employer engages in retaliation and later denies that you ever reported any discrimination or harassment to company personnel as a defense, you will have a paper trail to offer in response to the employer’s denial.
Family & Medical Leave
Under the Family & Medical Leave Act (“FMLA”), covered employees have the right to take an unpaid leave of absence from work under specific circumstances for up to 12 weeks (60 days). FMLA leave covers the following:
- when you are unable to work because of a serious health condition
- caring for an immediate family member (spouse/child/parent) with a serious health condition
- the birth and care of a newborn child
- placement of a child for adoption or foster care
Employers must grant covered employees a leave of absence under these circumstances. When employees return from FMLA leave, they must be put back in the position they held when the leave began or placed into an equivalent position.
Many employers fail to comply with the FMLA by denying employees leave to which they are entitled or by replacing them during or after their leave of absence. If you believe that you have been unlawfully denied FMLA leave or you have been denied the chance to return to your job or an equivalent position after taking FMLA leave, contact an experienced employment attorney.