Harassment is unlawful if it is because of the employee’s status in a protected group (based on race, color, religion, sex, national origin, age (40 or older), disability or genetic information) and if it is sufficiently severe or pervasive to alter the employee’s terms and conditions of employment. Harassment may also be unlawful if it is done in retaliation for protected workplace activity, including filing a charge of discrimination, testifying or participating in an investigation of discrimination, or objecting to an employer’s discriminatory practices.
Sexual harassment is harassment that occurs because of that person’s sex, and unlawful sexual harassment includes requests for sexual favors and unwelcome sexual advances. Sexual harassment that is pervasive and severe enough to create a hostile work environment may also include other verbal or physical harassment, such as pervasive comments of about person’s sex.
Employment discrimination against an individual because of their disability can take many forms. The following are most common:
- Failure to accommodate
- Non-selection for a position
- Non-promotion for a position
- Unequal training
- Job assignments
- Different performance standards
- Fringe Benefits
- Any other term or condition of employment.
If you think your employer is denying you an equal opportunity to succeed at your job by denying you a reasonable accommodation, you should talk with a lawyer who is familiar with disability law.
The interactive process can be frustrating. By talking with a lawyer, you can learn whether your employer’s requests for medical information are appropriate or abusive. You may significantly limit your ability to preserve your rights if you do not participate in good faith or if you withhold certain information from the employer.
If you need help requesting an accommodation or if you think you have been discriminated against because of your medical condition, you have deadlines by which you must file a charge of discrimination. These deadlines depend on where you worked (or where you applied for a job, if you were an applicant). If you are an employee or applicant with the federal government or D.C. government, special rules apply.
If you work in Washington, D.C., Maryland or Virginia, we can represent you. You must file a charge of discrimination with the Equal Employment Opportunity Commission or with your local human rights office. The rules and procedures of each office are very different, so it is important that you talk with a lawyer to understand your rights and obligations.
If you think you have been the victim of disability discrimination, or if your employer is not cooperating with you to provide an accommodation, and want to know your rights and options, contact us. During an initial consultation, we can evaluate whether you may have an employment discrimination claim, how to pursue and protect your rights, and identify what remedies may be available for you.