Employee-Side Discrimination and Wrongful Termination Attorney.
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I. Federal Statutes
Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees. The law prohibits discrimination because of an individual's:
race,
color,
religion,
sex (including pregnancy, sexual orientation, and gender identity), or
national origin.
Title VII also makes it illegal to retaliate against employees who formally or informally oppose workplace discrimination based on race, color, religion, sex, or national origin. The law prohibits employers from firing or otherwise discriminating against workers who make an internal complaint, file a formal charge, or testify in a hearing on behalf of another worker alleging discrimination.
The Equal Pay Act prohibits employers from paying men and women differently for substantially similar work. 60 years after this law's passage, women are still paid approximately $0.84 for every dollar that men make.
The Americans With Disabilities Act (ADA) prohibits discrimination because of an individual's disability. It requires employers (those with at least 15 employees) to reasonably accommodate employees' disabilities.
The Age Discrimination in Employment Act (ADEA) prohibits discrimination because of age. It applies only to employees age 40 or older. The ADEA applies to all employers with 20 or more employees.
The Family & Medical Leave Act (FMLA) applies to all employers with 50 or more employees, and to all employees who work for 12 continuous months there. The employee must certify that they or a family member have a serious health condition that will require ongoing care and treatment. Eligible employees are entitled to 12 weeks of unpaid leave. When an employee takes unpaid leave, they may not be terminated or otherwise discriminated against on this basis.
This list is not exhaustive. Call O'Connor Law Firm at (608) 203-6349 to discuss your legal matter.
What is Employment Discrimination?
Employment discrimination - treating an employee or applicant differently because of a legally protected characteristic, like race, gender, or disability - is illegal in Wisconsin. O'Connor Law Firm provides advice and representation to employees with potential discrimination claims, including investigation, pre-litigation negotiation, and representation in hearings and trials before Wisconsin agencies and courts.
Discrimination occurs when an employer takes an adverse action against an employee or job applicant because of that person's membership in a protected class. An adverse action includes firing, not hiring or rescinding an offer of employment, or demoting someone because of that person's legally protected characteristic, including race, religion, sex, or disability.
Many types of employment actions are obviously adverse, such as firing. The law requires proof that the employee suffered a material, tangible change in the terms and conditions of employment. Harassment may qualify as an adverse action, even though it does not involve termination of employment, provided the treatment or behavior is sufficiently severe or pervasive to where it intereferes with one's ability to perform one's job.
What classes are protected?
Discrimination based on an employee's race, religion, national origin, color, sex, disability, age, or other statuses is illegal under federal law.
In addition, the Wisconsin Fair Employment Act prohibits discrimination based on one's arrest or conviction record, lawful use of legal products, and marital status. More details are below.
Discrimination can be subtle and hard to describe. Sometimes, employers who intend to discriminate will create seemingly valid reasons for actions taken against employees. Proving discrimination may require indirect evidence, especially if a protected class is treated less favorably than others for similar conduct under similar circumstances.
II. The Wisconsin Fair Employment Act
WFEA prohibits discrimination based on:
Arrest and/or Conviction Record
Ancestry, Color, National Origin or Race
Creed (Religion)
Disability
Genetic Testing
Honesty Testing
Marital Status
Military Service
Pregnancy or Childbirth
Sex
Sexual Orientation, and
Use or nonuse of lawful products off the employer's premises during nonworking hours
III. Madison Equal Opportunities Ordinance
The City of Madison provides even broader protections to employees working within city limits. Madison General Ordinance 39.03(8), the Equal Opportunities Ordinance, prohibits employment discrimination because of an individual's:
Sex
Race
Religion
Color
National Origin or Ancestry
Citizenship Status
Age
Handicap/Disability
Marital Status
Source of Income
Arrest Record
Conviction Record
Credit History
Less Than Honorable Discharge
Physical Appearance
Sexual Orientation
Gender Identity
Genetic Identity
Political Beliefs
Familial Status (Including Being Pregnant or in the Process of Securing Joint Child Placement or Custody)
Student Status
Domestic Partner Status
Receipt of Rental Assistance
The Fact That a Person Declines to Disclose Their Social Security Number
Homelessness, and
Unemployment Status
Protection From Unlawful Employment Discrimination
Have you been fired for what you believe is a discriminatory reason? Are you experiencing a hostile work environment based on your protected class? Know that you're not alone. Call O'Connor Law Firm at (608) 203-6349 today to discuss your legal matter.
O'Connor Law Firm exclusively represents employees - not employers - in discrimination and retaliation cases. Patrick O'Connor has built his career on advocating for employees, consumers, and other individuals without the power to advocate for themselves.
I look forward to speaking with you.
Mailing Address
PO Box 930133
Verona, WI 53593
Contacts
608-203-6349
pat@wilaborlaw.com
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