Employment Law Services For Employees
PRE-LITIGATION
We provide counsel and representation for claims of discrimination, harassment, and retaliation and other employment-related claims (see below) that are in pre-litigation status (i.e. an individual is considering making or has made an internal complaint to Human Resources or Management but has not yet filed a formal agency complaint or suit in court). At this stage, it may be possible to negotiate with an employer to correct the conduct at issue or to develop and execute an exit strategy.
LITIGATION
If a matter cannot be resolved with Human Resources or Management or if an employee already has separated from employment, we provide representation for claims of discrimination, harassment, and retaliation and other employment-related claims (see below) in proceedings before the EEOC or state or local equal employment opportunity agencies and in federal and state court.
Discrimination, Harassment, and Retaliation
Based on Race, Color, National Origin
An employer may not discriminate against, harass, or retaliate against job applicants or employees based on an individual’s actual or perceived race, color, or national origin. Race includes but is not limited to African American, Alaskan Native, Asian, Black, Caucasian, Indigenous (including but not limited to individuals of Hispanic or Latino ethnicity), Middle Eastern, Native American, Native Hawaiian, North African, and Pacific Islander. This includes physical traits associated with race, including but not limited to skin color, complexion, shade, and tone, hair texture, hairstyles, eye color, and facial features. National origin includes one's birthplace or the birthplace of one's ancestors, nationality, culture, ethnicity, linguistic characteristics associated with a specific ethnic group, surnames common to a particular culture, citizenship, immigration status, or affiliation with a particular organization or group that is associated with a particular race, color, or national origin. Discrimination occurs where an employer makes employment decisions based on assumptions or stereotypes about the abilities of individuals of a particular race, color, or national origin and includes but is not limited to unfavorable differential treatment with respect to hiring, assignments, training, promotions, compensation and benefits, and/or layoffs and firing. Harassment includes but is not limited to physical or verbal harassment, racism, racist remarks, stereotyping, general hostility directed at persons of a particular race, color, or national origin, and the display of offensive symbols in the workplace. Employers may not retaliate against an applicant or employee who in good faith engages in protected activity around the exercise of these rights.
Based on Sex, Gender, Family Status/Responsibilities
An employer may not discriminate against, harass, or retaliate against job applicants or employees based on an individual’s sex, gender, or family status/responsibilities. Discrimination includes but is not limited to unfavorable differential treatment with respect to hiring, assignments, training, promotions, compensation and benefits, tracking or steering or parental-wall bias, and/or layoffs and firing. Harassment includes but is not limited to physical or verbal harassment based on sex, sexual orientation, gender, or gender identity, sexism, sexist remarks, stereotyping, general hostility directed at persons of a particular sex or gender, unwelcome sexual advances, and/or requests for sexual favors, We are working to help expand protections for victims of sex-based and gender-based bullying in the workplace. Employers may not discriminate against or harass applicants or employees on the basis of pregnancy, the perception of pregnancy, the potential to become pregnant, childbirth, or medical conditions related to pregnancy or childbirth. Reasonable accommodations may be required for an applicant's or employee's known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. Lactating mothers must be accommodated to express milk. Employers may not treat employees differently because of stereotypes about working parents or preconceptions regarding the abilities of or costs associated with pregnant employees or working parents. Employers may not retaliate against an applicant or employee who in good faith engages in protected activity around the exercise of these rights.
Based on Disability and/or Request for and Use of Protected Leave
An employer may not discriminate against, harass, or retaliate against an individual based on a qualifying disability (a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or the accurate or inaccurate perception that an individual has such an impairment) or relationship to or association with a person with a disability. Discrimination occurs where an employer makes employment decisions based on assumptions or stereotypes about the abilities of individuals with a disability and includes but is not limited to unfavorable differential treatment with respect to hiring, assignments, training, promotions, compensation and benefits, and/or layoffs and firing. Harassment includes but is not limited to physical or verbal harassment, ableism and/or disablism, remarks rooted in ableism and/or disablism, stereotyping, and general hostility directed at persons with a disability. Qualifying individuals must be given an equal opportunity to benefit from the full-range of employment opportunities available to others. An employer must engage in an interactive process and provide reasonable accommodation(s) for a disability to allow a qualified applicant to have equal opportunity in the application process and to allow a qualified employee to perform the essential functions of the job in question or participate in any other employment-related activity unless doing so would impose an undue hardship on business operations. Federal law provides qualifying employees with up to twelve (12) weeks of unpaid and job-protected leave each year for specified individual and family medical reasons and requires employers to maintain group health benefits for employees during this time. Employers may not retaliate against an applicant or employee who in good faith engages in protected activity around the exercise of these rights.
Based on Age
An employer may not discriminate against, harass, or retaliate against an applicant or employee based on age (40 years and older). Discrimination occurs where an employer makes employment decisions based on assumptions or stereotypes about age and includes but is not limited to unfavorable differential treatment with respect to hiring, assignments, training, promotions, compensation and benefits, and/or layoffs and firing. This includes but is not limited to the replacement of an individual age forty (40) or older with a younger employee or it may occur in the context of a reduction in force or layoffs where there may be a disproportionate impact on older employees. It may occur with respect to providing compensation and benefits or where an employer terminates an older employee to avoid pension or other retirement benefits. Harassment includes but is not limited to physical or verbal harassment, ageism, remarks rooted in ageism, stereotyping, and general hostility directed at persons who are age 40 or older. An employer must follow certain rules when seeking a waiver of age claims in connection with an offer of severance packages, early retirement options, or settlement agreements with older workers. Employers may not retaliate against an applicant or employee who in good faith engages in protected activity around the exercise of these rights.
Based on Religion, Sect, Political Affiliation
An employer may not discriminate against, harass, or retaliate against an applicant or employee based on religion (sincerely-held religious, ethical, and/or moral beliefs or practices or the lack of religious belief and/or practice). Discrimination occurs where an employer makes employment decisions based on assumptions or stereotypes about religion and includes but is not limited to unfavorable differential treatment with respect to hiring, assignments, training, promotions, compensation and benefits, and/or layoffs and firing. Harassment includes but is not limited to physical or verbal harassment, stereotyping, and general hostility rooted in views about religion. Employers must reasonably accommodate sincerely-held religious practices. Employers may not retaliate against an applicant or employee who in good faith engages in protected activity around the exercise of these rights. While federal law does not expressly include "sect" within its list of protected classes, it may come within the broad definition of religion. Federal law does not include "political affiliation" as a protected class, although an increasing number of state and local laws do, including The District of Columbia.
Based on Military Service
An employer may not discriminate against, harass, or retaliate against an applicant or employee based on their past, current, or future military obligations. Service members are to be re-employed in their civilian jobs with the same seniority, status, and pay that they would have attained had they not been absent for service. Employers reasonably must accommodate a disability acquired during military service. Employers with federal contracts and subcontracts must recruit, employ, promote, and retain qualified protected veterans. Veterans with service-connected disabilities also may be protected under the Americans with Disabilities Act. Employers may not retaliate against an applicant or employee who in good faith engages in protected activity around the exercise of these rights.
Based on Genetic Information
An employer may not discriminate against, harass, or retaliate against an applicant or employee based on their genetic information (results of genetic tests, genetic tests of an individual’s family members, and any disease/disorder/condition found in the genes). Employers are restricted in their acquisition of genetic information and are strictly limited in disclosing genetic information. Employers may not retaliate against an applicant or employee who in good faith engages in protected activity around the exercise of these rights.
Workplace Torts, Whistleblowing, Hate Crimes
Workplace Torts
Workplace torts are state law claims that may arise in the employment context in addition to claims of discrimination, harassment, and retaliation. These may include but are not limited to assault, battery, breach of contract, constructive discharge, defamation, fraud, intentional infliction of emotional distress, interference with contract, libel, negligent hiring, negligent supervision, privacy torts, public policy violations, slander, unfair competition, and wrongful termination.
Whistleblowing
A number of laws protect employees who have a reasonable belief that a law or regulation is being violated or dangerous activity is being undertaken in the workplace or that an employer is engaging in fraud or is abusing its authority and who report that violation (whistleblowing).
Hate Crimes
There are certain circumstances in which conduct motivated by a protected characteristic may constitute a hate crime or rise to the level of another criminal offense. In such cases and if a client so chooses, we will help them report such crimes.
Professional Licensing
We handle professional licensing issues, including initial licensure, the maintenance of licensing status, interstate differences in licensing requirements, the defense of professional licenses, and the dissolution of professional practice. We also handle claims of discrimination and wrongful termination around licensing. We represent the following types of professionals before the Bureau of Professional and Occupational Affairs and the Commonwealth’s licensing boards — physicians, psychologists, nurses, dentists, veterinarians, chiropractors, optometrists, podiatrists, social workers, family therapists, pharmacists, occupational therapists, accountants, CPAs, architects/surveyors/building trade personnel, nursing home administrators, and real estate brokers/agents/appraisers. Where the Professional Health Monitoring Program, the Voluntary Recovery Program, and/or other programs requirements are in place, we help clients use those properly to get help, preserve licenses, and re-stabilize careers.