Presentation on theme: "Sheheryar Sardar Sardar Law Firm LLC www.sardarlawfirm.com."— Presentation transcript:
Sheheryar Sardar Sardar Law Firm LLC www.sardarlawfirm.com
Employment Discrimination Severance Agreements Sardar Law Firm www.sardarlawfirm.com
Refers to discriminatory practices such as bias in hiring, promotions, job assignments, termination and compensation, and various types of harassment. What happens most in DIFFICULT ECONOMIC TIMES: Workplace Discrimination When an employee suffers hostile or unfair treatment due to their race, religion, national origin, disability or veteran status. Sardar Law Firm www.sardarlawfirm.com
Any unwelcome advance or conduct on the job that creates Intimidation in the workplace A Hostile work environment An Offensive work environment Such behavior includes Repeated Offensive or Belittling Jokes Offensive Insults and Materials Outright Assault Sardar Law Firm www.sardarlawfirm.com
A few colleagues are working late and the topic of Israel comes up. A co-worker calls Salman a terrorist and says that all Pakistanis and Muslims are suicide bombers. Is this workplace discrimination ? YES Salman is in a protected class because the discrimination is based upon his national origin/ethnicity. It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics.
Amna wears a hijab to work everyday. At the time of hiring, the company was very welcoming of her religious choice. A year later, when it came time to promote Amna to a highly visible management position, the company excluded her from consideration based on her head covering. Their reason was, “The position is quite high profile and we don’t want our customers to get the wrong idea about us.” Is this workplace discrimination? YES Amna’s employer is required to reasonably accommodate the religious beliefs of an employee or prospective employee, unless doing so would impose an undue hardship.
Mariam announces her pregnancy to a few co- workers. A week later, her boss calls her in to inform her of an “economic layoff.” When Mariam asks why her name was on the layoffs, her boss noted, “Your work product has been up and down and we feel you won’t be able to put your best foot forward due to your current circumstances.” Does Mariam have a claim ? MAYBE While gender related discrimination is a hot issue, it is also the most difficult to prove.
A Queens supermarket group was charged with sex discrimination in a lawsuit filed on Wednesday in Brooklyn Federal Court. Sardar Law Firm www.sardarlawfirm.com
Dealing with Workplace Discrimination: What Can YOU Do Sardar Law Firm www.sardarlawfirm.com 2009
Most companies have HR policies that deal directly with workplace discrimination or sexual harassment. Any employee believing they have been subjected to discrimination should report that behavior to their immediate supervisor, another member of management or the agency Human Resource section. If you choose not to address the situation according to your employer’s policies, you may hurt your chances of filing a lawsuit. If the employer does not know, they cannot remedy the situation for you. Sardar Law Firm www.sardarlawfirm.com
Go to HR. If you work for a company with no HR department, go to your supervisor’s boss. Do not worry about retaliation from management. If you are retaliated against, you have a claim against your workplace. Sardar Law Firm www.sardarlawfirm.com
Complaints to HR or a Supervisor may be made verbally or in writing. However, you must keep a log of any interaction you have with HR or your Supervisor regarding workplace discrimination or harassment. Sardar Law Firm www.sardarlawfirm.com