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?
- Were you fired?
- 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?
- Is the harasser a co-worker?
- 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?
- Have you been subjected to unwelcome sexual advances, requests for sexual favors or other physical or verbal conduct of a sexual nature?
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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