Employment Litigation: Key Issues in Job Termination, Discrimination, and Harassment Cases

Employees may sue for job termination, discrimination, or harassment when workplace actions violate federal or state employment rules. This article explains legal protections, common violations, and employee rights involved in workplace-related lawsuits.

By Brad Nakase, Attorney

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Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. Introduction

2. Employment Litigation for Wrongful Termination

3. Employment Litigation for Employment Discrimination

4. Employment Litigation for Race Discrimination

5. Sex Discrimination

6. Disability Discrimination

7. Employment Litigation for Age Discrimination

8. Additional Protected Characteristics

9. Employment Litigation for Disparate Impact Discrimination

10. Lawsuits for Workplace Harassment

11. Sexual Harassment

12. Reasonable Accommodations for Religion and Disability

13. Retaliation lawsuits and whistleblowers

14. Questions for Lawyers in Employment Litigation

Introduction

Workplace conflicts are not easy to handle for employees. Employees have either given up their jobs or experienced unfavorable treatment at work, like a wage reduction or a demotion. How can you determine whether your case is legitimate? The employment litigation field of law is very broad. It includes claims of discrimination, retaliation, and wrongful termination.

Most states follow the “at-will” employment regulation whereby the employer can discharge his worker due to nearly any reason or even without any reason at all. But that right is also restricted by these regulations. State and federal laws prohibit discrimination in employment because of a given set of attributes classified as protective. Remember that it is possible to smoothen the way of dealing with your company and employees, or other administrative authorities with the assistance of an attorney.

Employment Litigation for Wrongful Termination

In most states, the so-called at-will employment laws permit employers to discharge their workers at will and without any reason or cause. A wrongful termination (wrongful discharge) lawsuit may be brought against your company, though, in case it breaks any of the following.

Contract of employment. Contracts should specify the conditions of employment and the grounds for termination by the employer. You may file a lawsuit if the employer breaches the agreement.
Discrimination laws that are prohibited. A firm is not allowed to dismiss an employee because of his or her sex, race, religion, or any other characteristic that can be considered a protective net.
Protections for whistleblowers. A worker cannot be fired by their employer in retribution for reporting unlawful activity.
Public policy. There are certain laws that prohibit firing someone. For instance, the majority of the states forbid dismissing a worker for refusing to violate the law.

You have the full right to ask for reinstatement at your previous work, your back salary, and lost perks if you were wrongfully fired. For other things like emotional distress, you may also be eligible for compensatory damages.

Employment Litigation for Employment Discrimination

Workplace discrimination based on particular and special protections is unlawful not only under the state but also the federal law. These laws prohibit deliberate discrimination by employers when they take adverse employment actions pertaining to:

Layoff
Termination
Promotion
Training opportunities
Pay or worker benefits

Employment Litigation for Race Discrimination

One protected characteristic is race. When initiating a negative employment action, an employer cannot take race into account. Every race is shielded from prejudice.

Sex Discrimination

Pregnancy & sex discrimination are banned by law. An example of sex discrimination is when someone is expected to adhere to specific norms of a gender, such as their attire. Note that if a specific sex is required for the job, then discrimination on the basis of sex may occasionally be tolerated. If a playwright is casting a parent in a play, for instance, they can only think about recruiting men. A person’s sexual orientation cannot be used against them by an employer, however, if the position is gender-neutral.

The famous case Bostock vs. Clayton County set by the United States judiciary (Supreme Court) in 2020 determined that gender and sexual identity fall under the anti-discrimination Title VII of the law of civil rights (federal). Even though in many places this discrimination has already become illegal, now even at a national level all would be safe.

Disability Discrimination

Employers are prohibited from treating workers or applicants unfairly due to specific physical or mental disability under the ADA (Americans with Disability Act). Employees who have close contact with a disabled individual, like a spouse, are likewise protected by this disability discrimination rule.

This rule is in effect during training, employment, and job interviews. For instance, in order to profit from any training, visually impaired employees may require specially designed training materials.

Employment Litigation for Age Discrimination

A number of laws prohibit discrimination based on age. However, only employees over 40 have protection under federal law. Therefore, discriminating against someone because they are too young is not against the law. All workers, including those under 40, are subject to several state legislation.

Employers are not required by age discrimination laws to select the most experienced candidate. Employers may favor younger workers based on a variety of criteria, including more recent training or talents. Sometimes somebody younger is needed for a job. By not considering actors who are 40 years old, a film producer who wants to cast a 12-year-old boy in a movie hasn’t engaged in employment discrimination.

Additional Protected Characteristics

Additional traits that are protected by federal law include:

Origin Country
Genetic data

More protections are provided by many states than by federal law. For instance, the following traits are protected in several states:

Service in the military
Status of marriage
Religion and political opinion

The safest option is to consult an expert employment lawyer to determine what other characteristics are also covered. The legal advice on how to file a claim or file a lawsuit can be obtained at the state agency where you work or at EEOC (Equal Employment Opportunity Commission).

Employment Litigation for Disparate Impact Discrimination

Intentional discrimination is not the basis for every discrimination claim. Alternatively, an employer can also incorporate rules or procedures that appear neutral on the face. Nevertheless, there is one group of people that is more affected by these regulations than others are.

A company might, for instance, mandate that employees be able to carry 75 pounds. More number of older employees than younger ones and more women than males will probably be disqualified by this condition. The policy can be unlawful due to this unequal impact. However, if a policy has a disproportionate effect and is tied to a job and aligned with business needs, it is still legal.

Lawsuits for Workplace Harassment

State and federal regulations forbid harassment as a form of job discrimination.

If harassing behavior makes the workplace uncomfortable, an employee may file a lawsuit for:

Name-calling
Slurs or epithets
Insults
Mockery
Jokes
Assaults
Insulting imagery

What level of harassment is excessive? It varies. One joke or insult by itself definitely isn’t enough to create a hostile work environment, but one assault with force is probably enough. However, persistent harassment can result in a legitimate harassment claim for an employee.

Sexual Harassment

A few of the circumstances that may constitute the basis of sexual harassment are a hostile work environment or a quid pro quo when an employer promises an employee a reward (a raise) for sexual favors or threatens to give a penalty (a demotion) in case the employee refuses to engage in sexual intercourse. Sexual harassment can be exercised on both men and women and the harasser may be of the same sex.

Additionally, sexual harassment may have nothing to do with sexual attraction. For instance, despite the fact that these remarks are not motivated by attraction, a person who consistently disparages women as a group and calls them less capable of thinking than men fosters a hostile work environment.

Reasonable Accommodations for Religion and Disability

Employers must grant reasonable accommodations under anti-discrimination laws so that religious employees can continue to follow their faith and disabled employees can perform their jobs. An employee in a wheelchair, say, might need a high workstation that would accommodate his/her chair. The employer can be requested to exceptionally accommodate a worker who wears headwear to work on religious grounds where the company has a policy of requiring workers not to wear headwear in the workplace.

Employers are required to grant requests for accommodation unless it imposes an unreasonable burden. Thus, it is not necessary for an employer to relocate in order to accommodate a disabled employee.

Because certain requests for accommodations fall into a “gray” zone where it is sometimes not evident if the request is demanding, employers ought to have a lawyer analyze all such requests.

Retaliation lawsuits and whistleblowers

The majority of criminal activity is exposed by courageous whistleblowers. These individuals do not want to support a company to violate the law or a regulation, or they report violations by informing/reporting to the media or the government. The employee may be demoted/fired altogether.

Fortunately, several state & federal statutes safeguard whistleblowers. All these regulations are somewhat varied and few offer more protection to whistleblowers compared to others. Workers should evaluate their rights with a legal professional.

Questions for Lawyers in Employment Litigation

You should consult with employment attorneys to go over your rights if you lose your job. When defending your particular case in a court of law, a lawyer with knowledge of employment & labor law may be a tremendous help. When scheduling a free consultation, think about posing the following questions:

What is the number of employment claims you have managed? In a federal or state court?
Do you exclusively act on behalf of employers or former workers?
Do I qualify for workers’ compensation benefits?
If my company has broken OSHA’s workplace safety regulations, do I qualify for a claim?
Can arbitration or mediation be used to settle my dispute?
Is it possible for me to take part in a continuing class action? What would happen if I agreed to arbitration?
If I think my employer is breaking the terms of our contract, am I still liable for a non-compete?
Can I file a defamation lawsuit against my employer?

Have a quick question? We answered nearly 2000 FAQs.

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Employment Litigation: Key Issues in Job Termination, Discrimination, and Harassment Cases

Introduction

Employment Litigation for Wrongful Termination

Employment Litigation for Employment Discrimination

Employment Litigation for Race Discrimination

Sex Discrimination

Disability Discrimination

Employment Litigation for Age Discrimination

Additional Protected Characteristics

Employment Litigation for Disparate Impact Discrimination

Lawsuits for Workplace Harassment

Sexual Harassment

Reasonable Accommodations for Religion and Disability

Retaliation lawsuits and whistleblowers

Questions for Lawyers in Employment Litigation

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