Have You Experienced Employment Discrimination?

Have You Experienced Employment Discrimination?

Contact The Cummings Law Firm, P.A. in Charlotte, NC now!

Under Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is illegal to discriminate in any aspect of employment, including:

  • Hiring and firing
  • Compensation, assignment and classification of employees
  • Transfer, promotion, layoff or recall
  • Job advertisements
  • Recruitment
  • Testing
  • Use of company facilities
  • Training and apprenticeships
  • Fringe benefits
  • Pay, retirement plans and disability leave or other terms and conditions of employment

Discriminatory practices under the law also include:

  • Harassment on the basis of race, color, religion, sex, national origin, disability or age
  • Retaliation against an individual for filing a charge of discrimination, participating in an investigation or opposing discriminatory practices
  • Employment decisions based on stereotypes or assumptions about the abilities, traits or performance of individuals of a certain sex, race, age, religion or ethnic group or individuals with disabilities

Prohibition based on sex discrimination covers, among other things:

  • Sexual harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for people of either gender. (The "hostile environment" standard also applies to harassment on the basis of race, color, national origin, religion, age and disability.)
  • Pregnancy-based discrimination - Pregnancy, childbirth and related medical conditions must be treated in the same way as other temporary illnesses or conditions.

The Age Discrimination in Employment Act (ADEA) prohibits:

  • Statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ).
  • Discrimination on the basis of age by apprenticeship programs, including joint labor management apprenticeship programs
  • Denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

Americans With Disabilities Act

The ADA prohibits discrimination on the basis of disability in all employment practices. It is necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination.

Individual With A Disability

An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Major life activities are activities that an average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning and working.

Qualified Individual With A Disability

A qualified employee or applicant with a disability is someone who satisfies skill, experience, education and other job-related requirements of the position held or desired.

Title VII and the ADA cover all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations and joint labor management committees controlling apprenticeship and training.

The ADEA covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations.

Title VII, the ADEA and the Environmental Protection Agency (EPA) also cover the federal government. In addition, the federal government is covered by Section 501 of the Rehabilitation Act of 1973, as amended, which incorporates the requirements of the ADA. However, different procedures are used for processing complaints of federal discrimination. Federal employees must first contact an Equal Employment Opportunity (EEO) counselor at their place of employment or the federal agency where you applied for employment, WITHIN 45 DAYS OF THE ALLEGED DISCRIMINATORY ACT, without exception.

Get A Free Initial Consultation

Call our North Carolina law office to discuss your employment discrimination matter with a lawyer at (704) 376-2853. Our attorneys also assist people with Social Security Disability problems. You can also email our firm to request your free consultation.