Newark Workplace Discrimination Attorney

Newark Workplace Discrimination Attorney

People who are discriminated against at work are in a difficult position. Although these employees do not want to deal with the discrimination and sometimes want to quit, they are also worried about how they will financially support themselves and their families, so they feel as though they have no choice but to continue working for the employer and to endure the discrimination. Both federal and Ohio law prohibits workplace discrimination that is based on color, race, religion, sex, gender, age, disability, and pregnancy. A Newark workplace discrimination attorney can help employees address discrimination in the workplace.

Recognizing Employment Discrimination

Even when a person feels as though someone is discriminating against them, it is sometimes difficult to know for sure. Fortunately, workplace discrimination has some common signs, including:

  • Discriminatory statements: Supervisors, managers, and even co-workers may make biased comments or jokes about a person’s race, gender, or other protected characteristic according to Ohio law and Title VII of the Civil Rights Act of 1964. These statements are not always obviously discriminatory or disparaging. Repeatedly asking older workers if they are retiring soon can be a form of discrimination.
  • Discriminatory treatment of other employees: Discrimination is sometimes easier to notice when it is happening to someone else.  Depending on the circumstances, an employee who must constantly deal with discriminatory comments and/or behavior directed towards another employee may be protected from working in a hostile environment if the discrimination is pervasive or severe.
  • Failure to follow workplace policies: If employers adhere to workplace policies for some, but not for others, based on their race, age, sex, or some other protected trait, it may be a sign of discrimination.

The above scenarios may indicate intentional discrimination, but employers may also engage in seemingly unintentional discrimination as well. For example, an employer may create a test to determine which employee will get promoted, but in creating the test, make it much easier for men to pass than women. This is known as disparate impact discrimination, and if proven it is also illegal.

Protection Against Retaliation

Even when an employee recognizes that their employer is discriminating against them, they are often still fearful about coming forward. Employees worry that by coming forward, their employer will retaliate against them by firing them, demoting them, denying them a promotion, or taking some other materially adverse employment action against them. 

It is important that employees understand that both federal and state law protect them from employer retaliation if they engage in protected activity by complaining about discrimination to management or human resources, or by filing a complaint with an outside agency such as the Ohio Civil Rights Commission or the Equal Opportunity Employment Commission. The law also protects employees from retaliation when they participate in an internal or outside agency discrimination investigation or testify in court regarding discrimination they have witnessed.

Our Ohio Workplace Discrimination Attorneys can Help

Employees should not have to suffer from workplace discrimination. If your employer has discriminated against you, it is important that you call our Newark workplace discrimination attorneys at Marshall Forman & Schlein LLC right away as there are deadlines for taking legal action. We can help evaluate a potential case and determine whether you might be entitled to damages in a lawsuit which may include back pay and front pay, attorney’s fees and costs, and when feasible, reinstatement of your job. Call us today or contact us online so that we can help.

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