How Labor Laws Protect You from Discrimination
It’s out of bounds for employers to discriminate against you because of personal traits that are protected under labor laws in West Virginia and nationally.
These are just some of the most common characteristics that an employer is strictly prohibited from using against you:
- Race
- Gender
- Sexual orientation
- Pregnancy
- Age
- Disability
- Religion
- National origin
- Military veteran status
- Genetic health information
These protections apply both when you’re in the middle of a job and when you’re interviewing for a job.
Many workplaces these days also have problems with people reporting hostile work environments.
A bad atmosphere, though, is not enough for an employment discrimination case. Your mistreatment at work must be based on one of the specific reasons above.
You can ask a Shaffer & Shaffer employment law attorney to look at what has happened to you and explain how the law applies, free of charge.
Let us review your situation and determine your path to compensation for being wronged at work.
As unfair as it seems, in West Virginia an employer can legally fire you for no reason at all—but they cannot fire you for an illegal discriminatory reason.
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How Labor Laws Protect You from Harassment
You also cannot be harassed in the workplace. Harassment comes in several forms:
- Sexual harassment
- Verbal bullying
- Threats of violence
- Hate speech
- Online bullying
Sexual harassment includes unwanted comments or advances, touching, expectation of “favors,” and negative job actions or wrongful termination because of your refusal of advances.
A sexual harassment claim can include showing that your work environment is not only hostile, but an extreme, intolerable situation that nobody can be expected to endure.
Verbal bullying includes name-calling, insults, or comments related to your age, sex (including sexual orientation), race, pregnancy, religion, disability, national origin, or military veteran status.
Hate speech targets your personal identity. And online bullying is any of the above when it happens on social media or elsewhere in the internet.
These situations are hard, but you don’t have to just quietly let it go.
Let our employment lawyers help you demand fairness and restitution, so you can put this episode behind you.
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Retaliation at Work Is Wrong. An Employment Lawyer Can Help.
Another type of illegal treatment on the job is retaliation—by wrongful termination, demotion, being treated differently or other unjust actions—because you made a request or complaint that you are legally allowed to make.
Your company or workplace can’t retaliate against you for taking any of these actions:
- Filing a workers’ compensation claim because you were hurt at work
- Asking for allowed time off under the Family Medical Leave Act (FMLA)
- Asking for accommodations for a disability under the Americans with Disabilities Act (ADA)
- Filing a safety complaint with the Occupational Safety and Health Administration (OSHA) or Mine Safety and Health Administration (MSHA)
- Filing a federal complaint about job discrimination with the Equal Opportunity Employment Commission (EEOC)
Workplace retaliation is also tied to discrimination.
For example, getting penalized for requesting a disability accommodation could be both disability discrimination and retaliation.
Shaffer & Shaffer employment law attorneys will explore every legal option available to you.
You can feel powerless when you’re treated horribly at work. Let us empower you.
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Everyday West Virginians can get legal help from one of the most established and respected law firms in the state: Shaffer & Shaffer. Our firm is over a century old and still going strong because we put the needs of our clients first—always.
More Ways We Can Help: Personal Injury Cases
After a life-altering accident, you’re understandably upset, confused and full of questions. To help you get a sense of what’s next, we’ve prepared answers to common questions about personal injury claims and other legal cases.
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