Although there is some overlap between discrimination, harassment, and retaliation, each of these is a separate legal theory that may allow you to file a lawsuit against your employer. You may be filing a lawsuit under the same civil rights statute, but using different legal theories. The common theme among all of these is that if your employer has broken the law, you may be entitled to substantial financial compensation.
What Is Discrimination?
Discrimination exists when your employer has subjected you to an adverse employment action based on your membership in a protected class. Both federal and state law define what it means to be a member of a protected class by giving a list of people who fall under it. A protected class can include the following:
- Race and color
- National origin/ancestry
- Religion
- Sex/gender
- Age
- Disability
- Genetic information
- Citizenship status
An adverse employment action is something that your employer does that causes a negative change in your employment status. It certainly includes wrongful termination that leads to you losing your job. An adverse employment action can include other ways in which you may be treated differently from other employees who are not members of your protected class. It could mean that you do not receive a promotion that you were expecting. An adverse employment action may even be a negative performance review that does not reflect how you have really done at your job when others have not received the same.
What Is Harassment?
Harassment is also based on your membership in a protected class. However, instead of addressing an adverse employment action, harassment makes it illegal for you to be subjected to unwelcome conduct based on your being a part of a protected class. When it comes to sexual harassment, it is illegal to demand a quid pro quo, where one is seeking sexual favors in exchange for a certain action.
Harassment can also apply across a protected class when you have been subjected to a pervasive pattern of wrongful conduct, which can include remarks, jokes, and other offensive actions. It can even be harassment based on one single egregious action. It is possible to be subjected to both discrimination and harassment at the same time.
What Is Retaliation?
Retaliation can arise in a number of situations under different laws. As an employee, you have the right to engage in certain types of protected activities. For example, you can come forward as the victim of harassment or discrimination and file a report with your supervisor or human resources. This is protected activity, and you cannot be treated any differently in your workplace because you have engaged in it.
Protected activity also means coming forward as a whistleblower or objecting and refusing to participate in certain wrongful actions that your employer is asking you to take. Again, your employer cannot treat you any differently, and they certainly cannot fire you because you have done this. However, many employees begin to notice differential treatment after they have come forward. They may be left out of meetings, or they may feel isolated on the job. They could be subjected to harassment and comments that are intended to hurt. Each of these can be considered retaliation.
If you have been a victim of any of these types of conduct, you should contact an experienced attorney immediately. They can give you advice about how to handle them on the job and document what happens in case you need to file a lawsuit. All of these types of cases can be very difficult ones, and you need an aggressive attorney to help you present your side of the story.
South Jersey Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC, Protect the Rights of Employees
If you have been a victim of any of these types of conduct in the workplace, reach out to the South Jersey employment lawyers at The Law Offices of Leo B. Dubler, III, LLC. Our legal team can advise you of your rights and help you take action if they were violated. You can schedule a free initial consultation with an employment attorney by filling out an online contact form or by calling us today at 856-235-7075. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in the surrounding areas.