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Basic Elements of an Employment Discrimination Claim

Basic Elements Of An Employment Discrimination Claim

Listed below are the basic elements of a workplace discrimination claim and a hostile work environment/harassment claim. If you answer yes to any of the sub-items in 1, 2 or 3 below for a discrimination claim, or any sub item in 4 or 5 below for a harassment claim, call us immediately!

Have you been discriminated against because of your:

  • Race
  • Color
  • Sex
  • Religion
  • National Origin
  • Age (over 40)
  • Disability
  • Pregnancy

Has a negative employment action been taken against you?

  • Have you applied for a job and not been hired?
  • Have you been fired?
  • Have you applied for a promotion and not gotten it?
  • Have you been demoted?
  • Have you been disciplined?
  • Have you suffered a cut in pay or benefits?
  • Have you not received the same increase in pay or benefits as similar employees outside your protected class?
  • Have you received a poor performance evaluation?

Do you have direct or indirect evidence that a negative employment action has been taken against you?

Direct Evidence: Your employer has specifically stated that its motive in taking the action is discriminatory (rare)

Indirect Evidence:

  • Were you fired?
  • Were you qualified for the position and satisfying your employer's legitimate expectations?
  • After you were fired, did your employer seek a replacement with qualifications similar to yours?

Are You Still Employed?

  • Were you satisfying the employer's legitimate expectations?
  • Did you suffer an adverse employment action (demotion, pay cut, discipline, etc.)?
  • Were similarly situated employees outside your protected class treated more favorably under similar circumstances?

Have you been subject to harassment causing a hostile work environment based upon your membership in a protected class (listed in item 1 above)?

Is the harasser a co-worker?

  • Can you show that your employer knew or should have known of the harassment and failed to take reasonable corrective action?
  • Have you reported the harassment to your employer?
  • Has your employer taken reasonable corrective action?

Is the harasser a supervisor?

  • Is the harasser a person who has the power to hire, fire, promote, demote or discipline you?
  • Has the harasser/supervisor caused a negative employment action (see item 2 above) to be taken against you?
  • If no negative employment action has been taken against you, have you not complained to HR because the complaint would go through the harassing supervisor or does your employer have a history of ignoring complaints, and therefore the complaint would be futile?

Have you been sexually harassed as a condition for employment?

Have you been subjected to unwelcome sexual advances, requests for sexual favors or other physical or verbal conduct of a sexual nature?

  • Was submission to this conduct made either explicitly or implicitly a term or condition of your employment?
  • Was your submission to or rejection of such conduct by your employer or supervisor used as a basis for an employment decision affecting you?
  • Was there a consensual sexual relationship with the supervisor?

Still Have Questions About the Basic Elements of Discrimination in the Workplace?

At Schwartz Perry & Heller LLP, our dedicated discrimination attorneys are adept at identifying workplace discrimination elements and guiding workers through the process of pursuing a claim. Our team is committed to ensuring that victims of discrimination receive the justice they deserve. We recognize the profound impact discrimination can have on an individual's career and overall well-being. Leveraging our extensive legal expertise, we work diligently to help victims establish their claims, navigating the complexities of the legal system with professionalism and determination. Our ultimate goal is to help workers recover compensation commensurate with the distress and losses they have endured due to workplace discrimination.

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Why Choose Schwartz Perry & Heller LLP?

  • 100+ Years of Collective Experience
  • Personalized & Compassionate Service
  • Award-Winning Legal Counsel
  • A Track Record of Success

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Our Past Clients Speak to Our Experience
    "Always available, conscientious and extremely knowledgeable."

    Outstanding lawyer. Always available, conscientious and extremely knowledgeable. Excellent at following-up both with his clients and with opposing counsel. Regardless of the size of the case, Brian will put in the work and always treat his clients with the utmost professionalism and respect.

    - N.W.
    "I trusted them entirely."

    I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He responded promptly to any correspondence, took the time to explain to me any questions or concerns, and helped ease any kind of stress that I had during a dispute with a previous employer. I highly recommend this firm. You are not just a number, they treat you like family. I trusted them entirely. I thank you from the bottom of my heart for all of your devoted time and effort in my legal matter.

    - A.M.
    "Their integrity, personal attention, and knowledge are superior."
    Schwartz, Perry & Heller, LLP are the most skilled Lawyers for your discrimination case in the Tri-State area. Their integrity, personal attention, and knowledge are superior. They won my case and can win yours. Nothing beats the best.
    - D.K.
    "Caring, smart, highly skilled negotiators"
    Davida Perry and Brian Heller are very caring, attentive and highly skilled negotiators who gave me expert representation to win my negotiation and achieve my goals.
    - D.
    "Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help."
    Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help. I first met Mr. Schwartz and Brian Heller a few years ago when I was working at an international firm in an IT role when I contacted them for the free consultation because I felt that I was being setup to be fired. I knew I was being treated unfairly by my manager. I felt utterly helpless and had no idea who to turn to. After meeting with Mr. Schwartz and Brian Heller, I came to understand that the unfair treatment I endured was actually discrimination. They counselled me through being fired and negotiating a settlement; an extremely upsetting and exhausting experience. They explained the rules of employment law while treating me with dignity and kindness. Due to the skill and knowledge of these attorneys, I received a substantial settlement and was able to move on to another company with my self-respect intact and without the financial hardship that would have resulted from losing my job. They also ensured that this employer could not damage my reputation going forward with future employers. Recently, when I had another issue with a different employer; I called Brian Heller right away. I knew that Brian, being extremely well versed on the latest employment laws, would be able to help me. Brian carefully guided me and I was able to “ride the wave” of unprofessionalism and threats of litigation coming my way from my former employer’s attorney. My former employer thought that they could bully and frighten me into staying with them longer so that my new job opportunity would no longer be available, and then they could let me go when it was convenient for them - and I’d be out of work. They didn’t know that I have a Secret Weapon – Brian Heller! Once Brian was on the case, those threats ceased and I was able to accept my new wonderful job and leave the worry and stress behind. I highly recommend Brian Heller and Schwartz & Perry as a firm. Over the years Brian has always treated me with kindness and respect and I have peace of mind because I have someone I trust who is on my side, who can guide me and who is willing and extremely capable of protecting my rights.
    - Former Client
    "From day 1 of the consultation to the very end I felt like the most important client to the firm."
    Amazing team of Attorneys. From day 1 of the consultation to the very end I felt like the most important client to the firm. Brian Heller who I dealt with personally was amazing. Whether it was a call or email responses were very prompt and I was kept informed every step of the way. Even a few calls just to check in and say hello. Truly an incredible experience and I would recommend them to anyone seeking justice. If they take your case they will fight with you to the end. A+
    - D.W.
    "We remain tremendously grateful for his support and look forward to working with him again."
    On short notice, Brian Heller reviewed contracts with complex international dimensions and found important discrepancies that I and other senior-level executives had missed completely. He was fast, thorough, and detail-oriented in providing pragmatic advice that enabled us to be sure that we were getting the fairest and best possible treatment under the law. We remain tremendously grateful for his support and look forward to working with him again.
    - Eric
    "Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me."
    After having a terrible experience at my last job, facing the anxiety again of having to rehash the treatment was daunting. Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me. I won’t lie, there were moments I wanted to give up, but Davida was always there to help me stay focused and realize that I didn’t need to let them win. She was really great at countering all of their arguments, I pity anyone that would try to prove her wrong. She thought of everything we need and kept me constantly updated. Mostly what I appreciated about Davida was her kindness, and her genuine care for my mental health. She wanted to make sure I was taking care of myself during a very trying time. I cannot recommend this firm enough. They all clearly care about their clients and want to do best for you. Don’t be afraid to stand up for yourself, and if you’re worried about the challenges that lie ahead be sure to team with Schwartz Perry & Heller, they will have your back and fight for justice.
    - T.B.