Sexual harassment at work can take many forms. It can include unwanted touching, staring, or other physical acts, sexual advances, comments, "jokes," intimidation, abuse, or requests for sexual favors. Sexual harassment does not have to be explicitly sexual to be illegal. Sexual harassment can also take the form of quid pro quo (this-for-that) harassment, where certain opportunities or terms are conditioned on the victim's submission to the request.
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Sexual harassment that causes a hostile work environment is illegal. If you are dealing with sexual harassment at work, you need to notify your employer, but you also need to protect yourself against possible retaliation. Please call us right away so we can try to help you.
Racial harassment at work can include racial slurs, racial violence, racial remarks, comments, or jokes, the display of racially-offensive symbols, race-based excessive scrutiny, race-based monitoring, worse treatment based on race, or any other physical or verbal harassment, intimidation, or abuse because of your race. The harassment need not be explicitly racial. Any offensive conduct based on race is considered racial harassment.
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Racial harassment that causes a hostile, work environment is illegal. If you are dealing with racial harassment at work, you need to notify your employer. But, you also need to protect yourself against possible retaliation for reporting discrimination. Please call us right away so we can try to help you.
Sex Discrimination
Federal law and many state laws prohibit employers and other entities from treating an individual unfavorably because of their sex. In the employment context, for example, sex discrimination might include an employee being denied promotions, paid less, given worse job assignments, being denied training opportunities, or fired, among various other decisions that effect a term or condition of employment.
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Importantly, unlawful sex discrimination also includes sexual orientation and gender identity discrimination.
Race Discrimination
Federal laws and many state laws prohibit employers and other entities from treating an individual unfavorably because of their race. In the employment context, for example, racial discrimination might include an employee being denied promotions, paid less, given worse job assignments, being denied training opportunities, or fired, among various other decisions that effect a term or condition of employment.
Retaliation is unfortunately a very common form of discrimination. Federal law and many state laws prohibit entities from punishing an individual for asserting their rights to be free from discrimination. Asserting this right is called protected activity. Examples of protected activity could include: reporting discrimination; being a witness or otherwise participating in a discrimination investigation, reporting discrimination; refusing orders to engage in discrimination; resisting discrimination or advocating for a victim, requesting accommodations for a disability, or using FMLA leave, among various other forms of protected activity. It is illegal to subject an individual who has engaged in protected activity to a materially adverse action, which is any action that that would dissuade a reasonable person from engaging in protected activity. In the employment context, an adverse action might include retaliatory harassment, transfers, shift changes, discipline, negative evaluations, and of course, any decisions that directly impact your employment status, such as being fired. ​
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If you suspect you are dealing with retaliation at work, please call us right away so you can try to help you.
In 2020, the Supreme ​Court held in Bostock v. Clayton County that Title VII's protections against sex discrimination extend to discrimination based on an employee's sexual orientation and/or gender identity, including transgender status. Many states also have laws prohibiting discrimination on the basis of an individual's sexual orientation or gender identity. This means it is illegal for an employer to treat an employee unfavorably or to subject an employee to a hostile work environment because of their sexual orientation or gender identity.
Protected Characteristic Harassment and Discrimination
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age
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disability
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gender, sex, sexual orientation, gender identity, or LGBTQ status
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pregnancy and maternity
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race or color
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religion
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national origin
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protected activity or whistleblower status
Federal law and many state laws protect individuals from discrimination based on a protected characteristic or status, including but not limited to:
Other Employee Services
We understand that sometimes you have to make difficult decisions concerning an employment matter, situation at work, or issue at your job. In these situations, it is important understand the legal implications of the issue, your rights, and how a certain decision could affect you later on. We are here to help. We can work with you to develop and implement a plan to resolve the issue you are facing and to preserve all your rights in case you are unable to resolve the issue and need to consider next steps.
Severance Agreements &
Seperation Agreements
If you have recently received a separation agreement or severance agreement, call us.
In our experience, employers do not provide severance benefits or separation pay out of the kindness of their heart. You are often being asked to sign away potentially valuable rights or to agree to potentially restrictive terms that could make it more difficult to get a new job.
If you have recently been let go, fired, or terminated and your employer has offered you a severance package, or if your boss is asking you to resign in exchange for a separation payment, please give us a call. We can help you understand what you are being asked to sign, explain potential risks, and talk to you about next steps, including potentially negotiating the terms of the agreement.
Employment Contracts &
Restrictive Covenants
If your employer or a prospective employer has presented you with a contract and you are not sure whether you should sign it, call us.
Perhaps you would like the terms of an employment agreement reviewed by a lawyer before you agree to it. Or, maybe you are unsure whether you should sign a non-compete agreement, arbitration agreement, or confidentiality agreement. Or, maybe you were recently let go from a job and your employer is asking you to sign a release of claims, waiver, non-disclosure, non-solicitation, confidentiality, non-disparagement agreement, or other restrictive covenant agreement in exchange for a severance benefit or separation payment. ​
We can explain the implications of these situations to you, advise you on your rights, and help you make a decision that is right for you.
Employment Disputes or
Other Issues at Work
No matter what issue you are dealing with a work, let us know about it and we can see if we can help you fix the problem, prevent it from happening again, and/or repair any harm that you may have experienced already.