Discrimination/Harassment Attorneys in Washington, DC
Title VII of the Civil Rights Act prohibits employers from discriminating against employees and applicants on the basis of their race, color, gender, religion, national origin, or in reprisal for participating in prior EEO activity. The Age Discrimination in Employment Act ("ADEA") prohibits age discrimination, and the Rehabilitation Act and Americans with Disabilities Act prohibit discrimination on the basis of disability.
DISCRIMINATORY PERSONNEL ACTIONS: Claims of discrimination usually must be based upon a personnel action, such as hiring, firing, suspension, performance rating, non-promotion. In order to prove a case:
- "Direct" evidence of discrimination is not necessary.
- Most employees today rely upon circumstantial evidence of discrimination.
- Employees must be comparing themselves to others who are "similarly situated" (such as being in the same job category under the same supervisor), but who have been treated more favorably.
HOSTILE WORK ENVIRONMENT: It is illegal for an employer to subject an employee to a pattern of harassment based on race, color, gender, religion, national origin, age or disability:
- Isolated incidents are usually not sufficient to establish a claim.
- The actions of the employer must be "severe or pervasive."
- A sexually hostile environment may exist where the employer engages in or allows co-workers to engage in telling offensive off-color jokes and displaying sexually oriented pictures.
SEXUAL HARASSMENT: It is illegal for an employer to subject an employee to unwelcome touching or conditioning job benefits on compliance with demands for sexual favors.
- An employee may also bring a claim alleging a sexually hostile environment (see above).
- A supervisor may be disciplined or terminated for engaging in inappropriate behavior even if the employee did not claim sexual harassment.
DEADLINES:
- Federal employees or applicants who believe they have been discriminated against are required to contact an EEO Counselor at their agency within 45 days after the action they suspect is discriminatory.
- Private sector employees have between 180 days and one year, depending on the state.
These time limits are extremely important and should not be missed.
Kalijarvi, Chuzi & Newman, P.C. has litigated discrimination and harassment claims for over 30 years, and our expertise can be invaluable. Please call us to schedule a meeting to discuss your concerns. If you are out-of-town, we can schedule a telephone conference. Contact us now.
Kalijarvi, Chuzi & Newman, P.C.
1901 L St. NW
Suite 610
Washington, DC 20036
Telephone: 202-331-9260 | Fax: 866-452-5789
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