Employment discrimination can take many different forms. Often, sex discrimination or race discrimination comes to mind when people think about what actions are considered discrimination. However, several different types of actions may be considered discriminatory. Recently, the Equal Employment Opportunity Commission (EEOC) released its numbers concerning the top complaints of workplace discrimination.
According to the data, surprisingly claims of retaliation top the list, followed by race, sex, disability, and age discrimination.
Retaliation claims can exist where almost any type of discrimination is alleged and includes those situations where an employer takes a negative action against a worker for making a complaint. Title VII has specifically made it illegal to retaliate against individuals who complain about discrimination – even if the underlying discrimination isn’t proven. The policy behind this law is to encourage workers to report unlawful conduct and deter abuse. If you experience retaliation in the workplace, you are entitled to the same remedies an s you would have in other discrimination cases – including back pay and damages.
Retaliation includes any negative employment action you’re employer makes take against you – and isn’t limited to just those circumstances where a worker is fired for making a complaint. It also includes negative actions taken against a family member or friend in response to your complaint about discrimination, or for participating as a witness in someone else’s discrimination case. In fact, the U.S. Supreme Court has defined retaliation quite broadly, to include any conduct by an employer that would tend to deter reasonable people from pursuing their rights. Valid claims for retaliation have been made where an in response to a complaint about discrimination, an employer moves an employee to a less favorable shift, or transfers a worker to a different location further from home.
Other forms of discrimination reported include national origin, religion, color, and claims of equal pay violations.
For more information or if you have to believe you have suffered any form of employment discrimination, please contact the experienced Atlanta employment discrimination lawyers at Buckley Bala Wilson Mew LLP for an immediate case evaluation.