But first, a quick disclaimer:
Please note that Beat the Bots, LLC does not provide legal or financial advice. The information provided is intended for general informational purposes only and should not be relied upon as legal or financial advice. We recommend that users review our terms of use and policies for additional information and consult with a qualified legal or financial professional for specific advice related to individual circumstances immediately if the user believes they may have been wrongfully terminated, before taking any other actions.
What is considered unlawful, or discriminatory termination (firing) in the United States?
There are many protected classes of employee.
Termination based on race, color, national origin, religion, or sex by an employer is illegal. This includes discrimination based on perceived race or national origin, as well as discrimination based on an employee's association with someone of a certain race or religion. Check our resources page for more information.
Age is also a protected class. The Age Discrimination in Employment Act (ADEA) prohibits employers from terminating employees who are 40 years of age or older based on their age.
People with disabilities are a protected class. The Americans with Disabilities Act (ADA) prohibits employers from terminating employees based on their disability or perceived disability. Employers are also required to provide reasonable accommodations to employees with disabilities to enable them to perform their job duties.
People who are pregnant, nursing, or have any related medical conditions are a protected class. The Pregnancy Discrimination Act (PDA) prohibits employers from terminating employees based on pregnancy, childbirth, or related medical conditions.
Additionally, it is illegal for employers to retaliate against employees who report discrimination or participate in discrimination investigations or proceedings. Retaliation can take many forms, including, but not limited to:
Termination: An employer may fire an employee in retaliation for engaging in protected activity, such as filing a complaint of discrimination, harassment, or whistleblowing.
Demotion: A demotion to a lower position or reduction in pay in retaliation for engaging in protected activity.
Harassment: This can include verbal abuse or exclusion from work-related activities, in retaliation for engaging in protected activity.
Negative performance evaluations: An employer may give an employee negative performance evaluations in retaliation for engaging in protected activity, even if their work performance has not actually declined.
Denial of promotion: An employer may deny an employee a promotion in retaliation for engaging in protected activity, even if they are otherwise qualified for the position.
Change in work conditions: An employer may change an employee's work conditions, such as their job duties or work schedule, in retaliation for engaging in protected activity.
It's important for employees to understand their rights and know that retaliation is illegal. If an employee believes they have experienced retaliation, or have been terminated due their protected class status, they should speak with an attorney and/or file a complaint with the Equal Employment Opportunity Commission (EEOC) before taking any additional steps.
