Major Areas of Protection Under Federal Anti-discrimination Laws

LAW OFFICE OF BRYAN A. CHAPMAN

Employment Discrimination Attorney

202 508-1499

bchapman@baclaw.com

www.baclaw.com

sexual harassment    sex discrimination

race discrimination    national origin discrimination

religious discrimination    age discrimination

disability discrimination    retaliation

  • Sex Discrimination
    Federal laws prohibit discrimination based on sex with respect to all terms and conditions of their employment, including but not limited to: hiring, compensation, promotion, treatment on the job, termination.
  • Race Discrimination
    Federal laws protect employees from being treated less favorably, receiving fewer job or promotional opportunities, termination and more—including allowing an employee to be subjected to severe or pervasive harassment—based on race.
  • National Origin Discrimination
    Federal laws protect employees from being treated less favorably, receiving fewer job or promotional opportunities, termination and more—including allowing an employee to be subjected to severe or pervasive harassment—based on national origin.
  • Disability Discrimination
    Federal laws prohibit discrimination on the basis of disability in all employment practices. An employer may not discriminate against a qualified individual with a disability because of that employee’s disability, nor may the employer deny the employee a reasonable workplace accommodation that would allow the employee to perform his or her job.
  • Religious Discrimination
    Federal laws prohibit employers from discriminating against employees on the basis of their religion. This discrimination may come in the form of adverse employment actions, but may also include harassment based on an employee’s religion. Employers are also required to provide reasonable accommodations for their employees’ religious practices and beliefs unless the employer can demonstrate that such an accommodation would cause them an “undue hardship.”
  • Age Discrimination
    Federal laws prohibit the mistreatment of workers age 40 and over because of their age. This includes all aspects of employment including hiring, promotions, training, salary, job assignments and termination. Workplace age discrimination also includes harassment based on age that creates a hostile or offensive work environment.
  • Retaliation
    Federal laws protect employees who oppose discriminatory conditions at work and face retaliation for their actions.  Unlawful retaliation can include refusal to hire, demotion, tranfer to undesirable job duties, or termination of the employee who has filed a charge of discrimination with the employer or with the Equal Employment Opportunity Commission (EEOC), or has participated in the investigation of discrimination.

Federal Laws

  • Title VII of the Civil Rights Act of 1964 – prohibits workplace discrimination based on an employee’s race, sex, national origin, or religion.

 

  • The Americans with Disabilities Act (ADA) – prohibits workplace discrimination based on an employee’s disability.

 

  • The Age Discrimination is Employment Act (ADEA) – prohibits workplace discrimination based on an employee’s age.

 

Legal Remedies

  • Back pay for lost wages
  • Front pay for future lost wages
  • Compensatory damages
  • Punitive damages
  • Litigation costs and attorney fees

 

 

Bryan A. Chapman, Esquire

www.baclaw.com

bchapman@baclaw.com

202 508-1499

 

“Mixed Motive” standard eases the burden of proving discrimination

Adverse actions, such as, workplace harassment and terminations, often occur due to a blend of discriminatory and non-discriminatory motivations.

For instance, an African American employee gets into an altercation with a white employee.  The African American employee is terminated but the white employee is retained.  Both employees have comparable work records and are equally to blame for the altercation.  In this example, the race of the African American employee could be “a motivating factor” in his or her termination.

A race discrimination claim could advance under a “mixed motive” theory.  Plaintiff prevails simply by proving that his or her race was “a motivating factor.” Price Waterhouse v. Hopkins, 490 U.S. 228 (1989)

Elements of a “Mixed Motive” Theory:

  1. Plaintiff is a member of a protected group (race, sex, national origin, religion, etc.) and suffered some sort of adverse employment action.
  2. Protected status was “a motivating factor” in the decision.

“[A]n unlawful employment practice is established when the complaining party demonstrates that…[protected status (not including retaliation)] was a motivating factor for any employment practice, even though other factors also motivated [and indeed may have caused] the practice.” [Sec. 107 of the Civil Rights Act of 1991]

In Desert Palace v. Costa, 123 S. Ct. 2148 (2003), the U.S. Supreme Court concluded that plaintiffs could use direct or circumstantial evidence to make the showing necessary to merit a mixed-motive jury instruction.  “[I]t is sufficient for the [plaintiff] to demonstrate that the employer was motivated to take the adverse employment action by both permissible and forbidden reasons…” Hill v. Lockheed Martin Logistics Mgmt., Inc., 354 F.3d 277, 284-85 (4th Cir. 2004).

Bryan A. Chapman, Esquire

www.baclaw.com

 

 

 

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