![]() If you believe that your employer has engaged in differential treatment against you that is illegal, it is important for you to talk to an experienced employment attorney to talk about the options that you might have. If the employer is found guilty of illegal discrimination, the employer could be ordered to pay compensatory damages, attorneys’ fees, and punitive damages. Once a charge has been filed, the EEOC will investigate it. Employees who have been the victims of workplace discrimination can file discrimination charges with the Equal Employment Opportunity Commission or the state’s corresponding agency. When employers treat workers differently because of their protected characteristics, the actions of the employer are illegal. What can you do if you have received discriminatory treatment? For example, an employer who refuses to give a promotion to a worker because of the worker’s religion is engaging in prohibited discrimination. Under federal and state anti-discrimination laws, employers are prohibited from discriminating during hiring, interviewing, offering promotions, giving work assignments, giving bonuses, and terminating employees. Some of the protected characteristics include the following: When your employer treats workers differently because of their protected characteristics, the differential treatment is discriminatory and illegal. Treatment that is discriminatory in nature While the employee might think that it is unfair, it is not prohibited discrimination for an employer to simply dislike a worker as long as the dislike is not because of his or her protected status. It is also not unlawful for an employer to treat an employee differently because of personality differences. Employers are allowed to treat workers differently based on their individual job performance and can discipline and reward them differently based on that. For example, if your employer treats you poorly because of your job performance, that is not unlawful. There are some cases in which differential treatment at your work is lawful. Types of differential treatment that are not illegal We can analyze the facts of what happened and advise you about whether you have grounds to file a discrimination charge against your employer. If you believe that you have been treated unfairly at your job based on a protected characteristic, it is important for you to talk to an experienced employment lawyer at Swartz Swidler. Employers are prohibited from treating protected classes of employees differently simply because of their protected characteristics. When you are subjected to unlawful differential treatment, it may impact your ability to reach your full potential or to complete the tasks of your job. There are many different scenarios that can happen in your workplace. Your employer makes it difficult for disabled workers to complete their job duties.ĭifferential treatment normally occurs in a pattern instead of in a single incident.Your employer demotes pregnant women or refuses to hire pregnant workers or.Your employer excludes same-sex couples from work parties.Your employer segregates different areas of your workplace by religion or race.Your employer does not give promotion to older workers because they might retire.Your employer only hires a specific race or gender for a certain position.Here are a few situations in which differential treatment at work could be illegal workplace discrimination: Scenarios of differential treatment that might be unlawful Here are some things that you should know about differential treatment at your workplace. It can sometimes be difficult to determine when an employer has crossed the line of legality by treating certain employees differently. We can also explain the steps that you can take if your employer has engaged in illegal discrimination based on your protected status. The attorneys at Swartz Swider are able to review what has occurred and explain whether the treatment that you have received by your employer appears to be legal or illegal. If your employer engages in differential treatment, it may be unlawful if it is for a discriminatory purpose. In the employment context, differential treatment often means that an employer treats a group of employees differently from other groups because of specific characteristics that they are unable to change. Fair Labor Standards Act (FLSA) Attorneysīeing treated differently from other employees at your job may be legal or illegal, depending on the reason that your employer treats you differently.Employment Attorneys In Gloucester County, NJ.Employment Attorneys In Cumberland County, NJ.Employment Attorneys In Cape May County, NJ.Employment Attorneys In Burlington County, NJ.Employment Attorneys In Atlantic County, NJ. ![]() Employment Attorneys In Cherry Hill, NJ.Employment Attorneys In Camden County, NJ.
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