Employment Law Attorney in Southeast Georgia and Northeast Florida
If you have been discriminated against, harassed, or otherwise mistreated at work, you are likely are going through an extremely difficult time. You may dread going into work every day, or if you have been demoted or fired, you may be worried about supporting yourself and your family. You may not know where to turn, but you are not alone, and you are not without legal rights. You do not have to tolerate employment discrimination and an employment law attorney can help.
Georgia, Florida, and federal laws prohibit employment discrimination based on race, color, religion, sex, gender, national origin, age, disability, and pregnancy. Employers may not discriminate in any aspect of employment based on any of these protected characteristics. That means employers may not consider them when making decisions about hiring, firing, pay, job assignments, promotions, demotions, layoff, training, fringe benefits, or any other terms or conditions of employment.
Am I Being Harassed or Discriminated Against?
Uncovering discrimination in the workplace can be difficult. But there are several types of common situations employees should consider when they suspect they may have been discriminated against.
Some potential signs of employment discrimination include:
Discriminatory statements made by decision-makers or supervisors. Slurs, offensive jokes, or other biased statements relating to the employee’s age, race, sex, or other protected characteristic are often strong evidence of discrimination. Sometimes these statements come in the form of “code words,” which in context reflect a discriminatory meaning. The significance of discriminatory statements will depend on their seriousness and how closely they relate to the adverse action taken against the employee.
Treatment of similarly situated employees. In many cases, evidence of discrimination is found in more favorable treatment of employees outside the plaintiff’s protected group under similar circumstances. For instance, evidence that the employer fired a woman for allegedly engaging in misconduct but did not fire a male for doing the same thing could be evidence that the employer’s true motivation for firing the female employee was her sex.
Departure from workplace policies. An employer’s failure to follow its own relevant personnel policy in making an employment decision may be evidence that the decision was based on an impermissible bias.
Discrimination against others. Evidence that the employer has discriminated against other employees in the same protected group can help demonstrate discrimination against the plaintiff. Whether this evidence will be considered by a court depends on the particular circumstances.
Helping Workers Protect Their Rights and Get Justice
In order to encourage employees to come forward, both state and federal laws provide strong protections against retaliation for employees who make good faith complaints of employment discrimination. The law also protects employees who participate in an investigation into employment discrimination or who testify about workplace discrimination. Any negative action by the employer that might dissuade a reasonable employee from coming forward in the future is considered illegal retaliation. Those actions include not only firing, but other actions as well, including threats, demotions, or unfavorable performance reviews.
Victims of employment discrimination and retaliation are entitled to significant remedies. Those remedies include back pay and front pay, compensation for out-of-pocket losses, pain and suffering damages, reinstatement, and attorneys’ fees and costs of bringing suit. If the employer acted with malice or reckless indifference to the law, the employee may also recover punitive damages.
Talk With An Experienced Employment Law Attorney
If you are facing harassment, discrimination, retaliation, or other mistreatment at your job in southeast Georgia or northeast Florida, you may not know what your rights are, or where to turn for help. If you find yourself in this situation, schedule a consultation with an experienced employment law attorney at McGhan Law, LLC.
We handle all types of employment law issues, including:
- Employment Discrimination
- Age Discrimination
- Disability Discrimination
- Pregnancy Discrimination
- Race Discrimination
- Family Medical Leave Act (FMLA) Violations
- Retaliation and Whistleblower Cases
- Sexual Harassment
- Wage and Hour Violations
- Wrongful Termination
- Employment Contracts
- Employment Severance Packages
- Restrictive Covenants and Non-Compete Agreements
- Freedom of Speech Violations