EMPLOYMENT DISCRIMINATION AND WRONGFUL DISCHARGE LAWS

Employment discrimination and wrongful discharge laws prohibit discrimination in hiring, firing, promotion and other employment related matters based on Race, Color, National Origin, Religion, Age, Disability, Gender, Sexual Harassment, or in violation of public policy.

  - Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin.
  - The Equal Pay Act (EPA) protects men and women who perform substantially equal work in the same
    establishment from sex-based wage discrimination.
  - The AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA) protects individuals who are 40 years of age  
    or older.
  - The AMERICANS WITH DISABILITY ACT (ADA) prohibits employment discrimination against qualified
    individuals with disabilities in the private sector, and in state and local government.
  - The CIVIL RIGHTS ACT provides monetary damages in cases of intentional employment discrimination.

Q.  "How do I prove my claim of discrimination?"
A.  The biggest hurdle most employees face is an inability to prove their cases due to lack of evidence.

  - It is important if you believe you are being subjected to discrimination to document what is occurring.
  - It is advisable to keep a journal detailing specifics including dates, names of participants or witnesses, 
    what was said or done, etc.
  - It is important to corroborate your allegations.  Often the best way to do this is to have others who have
    been subjected to the discriminatory conduct provide information about what they saw, heard or
    experience.
  - If you are being sexually harassed, keep copies of e-mails, cards, gifts, or other indicators, that will help
    support your claims.
  - Request and keep copies of any disciplinary write ups, action plans, evaluation, etc.  Too often, employees
    do not have copies of documents they are asked to sign by their employer.
  - If you are asked to sign a disciplinary document and you disagree with the discipline, write a response
    and ask that it be attached and included in your employee file and keep a copy of your records.
  - Ask to see a copy of your employee file.  If your employer will not provide you a copy, make notes of any
    negative reports in your file.  Also, note any commendations or other positive information.