Discrimination isn’t always overt. It may be veiled in claims of decreased productivity or other behavior. However, there are some red flags to look out for. Here are a few examples.
- A waitress is being continually advised to retire and soon begins receiving inferior shifts and table assignments. The waitress may have an age discrimination claim on her hands.
- A man is fired because he refuses to work on his Sabbath Day. If his employer does not make an effort to accommodate him through schedule swaps or other means, this could be religious discrimination.
- A woman requiring kidney dialysis is passed up for a promotion in favor of a woman with less experience. This can be considered discrimination under the Americans with Disabilities Act.
- A man was passed over for promotion in favor of a less qualified co-worker who happened to be having an affair with the hiring manager. Sexual favoritism could be construed as sex discrimination.
- An employer does not offer prescription contraceptives in its prescription plan as a benefit of employment. This can be seen by the courts as a violation of the Pregnancy Discrimination Act as it relates to pregnancy.
Of course, for as many incidents that might merit a lawsuit, there are even more that don’t. Only a qualified employment attorney can advise you on when to move forward. Contact the NJ employment lawyers of Deutsch Atkins & Kleinfeldt, P.C., to discuss your discrimination, whistle blowing, Family and Medical Leave Act, restrictive covenant, or other matter related to employee rights.
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