Discrimination and Retaliation
Attorney Jack schulz shares a beer with client tracy evans after resolving his lawsuit against founders brewery. evans case, which alleged that he was terminated for standing up against a racially hostile work environment at the country’s largest craft brewer made national headlines
Discrimination can happen when and where you least expect it, but every employee is entitled to fair treatment under federal law, regardless of race, color, religion, sex, pregnancy, gender identity, sexual orientation, national origin, age, disability, or genetic information.
Discrimination can take many forms, but if you are treated or impacted differently based on one or more protected characteristic and in a manner that either affects your pay, benefits, advancement, employment status, or other terms or conditions of employment, or creates a hostile work environment that interferes with your ability to perform your job--this is discrimination, and it is against the law.
Similarly, if standing up for your rights results in unequal treatment affecting the terms or conditions of your employment or creating a hostile work environment--this is retaliation. It is also against the law.
Federal laws invoked by workplace discrimination and retaliation include, without limitation:
Title VII of the Civil Rights Act of 1964, as amended (Title VII)
42 U.S.C. 1981 -- the first section of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, referring to individuals’ right to contract, regardless of race
the Americans with Disabilities Act (ADA);
the Older Workers’ Benefits Protection Act (OWBPA) and the Age Discrimination in Employment Act (ADEA)
the Pregnancy Discrimination Act (PDA)
Michigan's Elliott-Larsen Civil Rights Act and the People with Disabilities Civil Rights Act
In Michigan, the Elliott-Larsen Civil Rights Act (ELCRA) provide additional protections from discrimination in employment, housing, education, and access to public accommodations to individuals based on their religion, race, color, national origin, age, sex, height, weight, familial status, or marital status.
Gender Discrimination and Sexual Harassment
Sexual harassment based on sex/gender is a form of discrimination prohibited by Title VII. It can take a variety of forms but involves unwelcome sex-based comments, innuendos, or touching. As with all types of discrimination, if the harasser is in a position of authority over the person being harassed, the harassment is attributable to the employer. If the harasser is a coworker, an employer becomes responsible to stop the harassment once a management-level employee has notice that it is occurring. If nothing is done to remedy the situation, the employer is in violation of Title VII.
One area of employment law that is poised to develop in the coming years is protections for LGBTQ employees. Title VII has been expanded to cover sexual orientation, and federal courts have interpreted existing protected categories to encompass transgender individuals. Protections for these categories remain an open question in Michigan, but the pendulum of progress must swing forward eventually, and Schulz Law PLC is intent on pushing the law to recognize the natural rights of all LGBTQIA individuals.