Discrimination And Harassment In The Workplace

The following article will cover:

• Common types of workplace discrimination.
• Protections against termination for filing a discrimination claim in Maryland.
• Steps to take for a workplace discrimination claim.

What Are The Most Common Types Of Workplace Discrimination That Occur?

Workplace discrimination can take many forms. Among the most common types encountered are:

• Disability Discrimination or Retaliation, wherein you are disciplined or terminated for taking medical leave, missing work due to medical issues, or when necessary accommodations aren’t provided at your workplace.
• Situations where employers fail to inform eligible employees of their rights under the Family Medical Leave Act (FMLA) when they are aware the employee is facing a serious medical condition.
• Retaliation is also a form of discrimination, such as when you face negative consequences for reporting discriminatory behavior to your Human Resources Department.

Will I Get Fired If I File A Discrimination Claim Against My Maryland Employer? What Protections Do I Have If I Report Discrimination?

Filing a discrimination claim should not result in termination. Federal Civil rights statutes and their Maryland equivalents aim to protect you from such repercussions. While these laws cannot completely prevent employers from retaliating, they do provide legal action against employers who do retaliate.

What Steps Should I Take If I Believe I Have A Workplace Discrimination Claim?

To address a potential workplace discrimination claim, you should:

1. Document your grievance in writing and submit it to your Human Resources department or manager.
2. Ensure that you follow company policies and procedures for reporting discrimination or harassment.
3. If these methods prove unsuccessful, file a Charge of Discrimination with the EEOC and consider contacting an employment attorney.

Who Can I File A Discrimination Claim Against? Can I File A Claim Against A Coworker Or Only The Company?

Typically, discrimination claims are filed against companies. However, 42 U.S.C. §1981, a civil rights statute protecting employees from race discrimination, allows for individual liability in certain circumstances.

Do Workplace Discrimination Laws Protect Me From Losing My Job If I Become Disabled?

Yes, workplace discrimination laws provide protection if you become disabled. Even if you can’t return to your prior job due to the disability, your employer is required to engage with you to determine if there are any available jobs within the company that you can perform.

An employer who quickly dismisses an employee with permanent work restrictions without considering other available positions might be in violation of the Americans with Disabilities Act (ADA) and applicable Maryland state law.

I Need To Take Short-Term Disability. Can My Employer Fire Me Or Demote Me?

Your job protection during a period of short-term disability often depends on the duration of your absence. If Family Medical Leave is applicable, you have a minimum of 12 weeks of protection. However, if your absence extends beyond this period, your employer may have the right to terminate your employment. Exceptions can apply, so consulting an attorney immediately to discuss your specific situation is recommended.

What Evidence Does My Maryland Employment Discrimination Attorney Need To Determine If My Workplace Discrimination Claim Is Viable?

The required evidence often depends on the nature of the discrimination claim:

• For ADA or FMLA claims, your attorney might need leave documentation, relevant medical records, and any correspondence with the HR department or employer agent managing medical leave or accommodations.
• In sexual harassment cases, the employer’s policies and procedures, including employee handbooks, become particularly important.
• For retaliation claims (related to race, sex, age, national origin discrimination, etc.), the attorney will need to review the correspondence or documentation that constitutes your “protected activity”. This is usually a written complaint to HR or a manager where you express concern about being discriminated against.

When Should I Hire A Maryland Employment Discrimination Attorney For My Unpaid Or Underpaid Wage, Overtime, And Commissions Claim?

You should consider hiring an attorney as soon as you realize your wages, overtime, or commissions are due.

For more information on Discrimination/Harassment In The Workplace, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (301) 753-3232 today.