Employment discrimination is the area of the law that addresses the manner in which companies treat individuals in the workplace. There are clearly defined rules that govern the rights of management and the rights of employees.
Most employees are considered be "at-will employees." An at-will employee can end his or her employment with the company at any time, with or without notice, and for any reason. Similarly, the company can end an individual's employment at any time, with or without notice, and for any reason as long as the reason is not an illegal reason. Most illegal reasons for ending employment fall within the scope federal and state employment discrimination law.
Some of the common employment discrimination statutes are:
- Title VII of the Civil Rights Act of 1964
- The Americans with Disabilities Act (ADA)
- The Pregnancy Discrimination Act
- 42 U.S.C. § 1981
- The North Carolina Wage and Hour Act
- The Fair Labor Standards Act (FLSA)
- The Family and Medical Leave Act (FMLA)
- The North Carolina Retaliatory Employment Discrimination Act (REDA)
The common forms of employment discrimination are the following:
- Race Discrimination
- Sex Discrimination
- Religious Discrimination
- Gender Discrimination
- Age Discrimination
- National Origin
- Sexual Harassment
- Racial Harassment
Retaliation is another common illegal reason for ending employment. Retaliation occurs when the company takes an adverse action against the employee in response to a complaint of discrimination, harassment, or other illegal activity. In recent years, the grounds for retaliation lawsuits have expanded. In fact, it is possible to have a viable claim for retaliation without having a good claim for the underlying discrimination.
Many employment law claims have very short statutes of limitation in order to preserve claims. You should contact an attorney immediately once an adverse employment action or harassment occurs in the workplace to determine whether you have a legal claim.
Levy Law Offices is available to represent individuals and businesses in federal court, state court, arbitration proceedings, mediation proceedings, the North Carolina Office of Administrative Hearings, and administrative agencies such as the Equal Employment Opportunity Commission.
For a detailed evaluation of your case, please call Levy Law Offices for an initial consultation. There is a $220.00 fee for the initial consultation. Levy Law Offices does not evaluate potential cases over the phone or outside of the consultation.