DiscriminationEmployment discrimination involves the different treatment of employees based on age, race, sex, gender, pregnancy, religion or other protected classes under federal law. We are dedicated to helping victims of discrimination protect their rights and collect proper compensation for discrimination committed by an employer. If you believe that you have been treated wrongfully or unfairly based on your status as a protected class member, you should seek legal advice.
We Handle All Types of Discrimination Cases
- Race discrimination
- Age discrimination
- Gender/sex discrimination
- Discrimination based on sexual orientation
- National origin and religious discrimination
- Glass ceiling/failure to promote
- Disability discrimination
- Pregnancy discrimination
Race DiscriminationRace discrimination or harassment can take many forms, such as:
- Failure to hire, promote, or offer training because of race, color, or national origin
- Unrelated job requirements that exclude people of a certain race, color, or national more than others
- Racial or ethnic slurs or derogatory comments that create a hostile workplace
- Work assignments based on color, race, or ethnicity
- Sex (Gender) and Pregnancy Discrimination
Sex DiscriminationIf a woman or man is treated less favorably in the workplace because of his or her sex, or sexual preference, there may be a valid discrimination claim. For example:
- A manager or supervisor berates an employee or group of employees based on gender or sexual preference
- Women or men are singled out and subjected to performance improvement plans (PIPs) or subjected to unreasonable PIPs
- A woman is treated fairly until she becomes pregnant, then she is harassed, fired or demoted
Age DiscriminationThe Age Discrimination in Employment Act (ADEA) makes it illegal for employers to discriminate against employees who are 40 years of age or older. With few exceptions, employers are forbidden from making decisions such as hiring, promotion, demotion, termination, compensation, benefits, and job training, based on the age of the applicant or employee if the employee is age 40 or older.
Remedies available under the ADEA include lost wages, front pay (pay to compensate you for lost future earnings that you would have earned, had you not been discriminated against), or reinstatement, attorney's fees and court costs. If the employee can prove that the discrimination was willful, then the award may include double wage and benefit damages.
Discrimination based on DisabilityThe Americans with Disabilities Act (ADA) prohibits discrimination based on disability. Employers may not make decisions related to hiring, firing, promotions, job assignments or compensation based upon an employee's disability or history of a disability, whether this disability is actual or simply perceived. If a potential hire or employee is disabled but can perform the essential duties associated with the job at hand, the employee is entitled to be treated the same as non-disabled employees.
The law also requires employers to make reasonable accommodations to help a disabled employee perform his or her job, unless the accommodations would pose an undue hardship for the employer. If you become disabled as a result of a workplace injury or an accident outside of work, or if you have or develop a disability and your employer denies your request for a reasonable accommodation, you may have a valid disability discrimination claim against your employer.
Discrimination based on ReligionIt is illegal for employers to discriminate against employees on the basis of religion. "Religion" includes all aspects of religious observance and practice, the absence of religion, and moral or ethical beliefs that are sincerely held with the strength of traditional religious views. Employers are forbidden from making decisions regarding hiring, promotion, demotion, termination, compensation, job training and other terms and conditions of employment based on the employee's religion.
Contact UsIf you feel you have experienced discrimination in the workplace, please call us at (434) 972-9600 or use our contact form below
Davidson and Kitzmann, PLC
211 E. High Street
Charlottesville, Virginia 22902
Tel: (434) 972-9600
Fax: (434) 220-0011
We are located in Charlottesville, but our lawyers handle cases in Charlottesville, Albemarle County, Greene County, Fluvanna County, Louisa County, Nelson County, Madison County, Orange County, Richmond, Roanoke, Harrisonburg, Staunton, Waynesboro, Augusta County, and across Virginia.