Job Discrimination Claims Reaching All-Time High? Nacht Law Attorneys Ann Arbor Michigan

Job Discrimination Claims Reaching All-Time High?

Posted by: David Nacht
November 18, 2011
Topic: Comments

A recent news story indicated that claims of job discrimination are way up.

The interaction between a bad economy and job discrimination claims is complicated. On the one hand, when an employer has a genuine reason to reduce its operations and a facility is shut down, then any particular person who works in that facility cannot claim under most circumstances that they are a victim of discrimination. But, when senior management of any large employer sends a directive throughout the organization to Human Resources personnel and to junior managers that a reduction in the head count is required, the discretion that lower-level managers may use can be discriminatory or retaliatory. Unscrupulous managers take advantage of the new pressure to reduce head count by selecting those employees who are perceived to be trouble-makers or have poor absenteeism. But the trouble may be caused by someone who has a lawful right to cause trouble. Nobody wants to hear somebody complain. But, a victim of discrimination due to race or gender or disability has a lawfully protected right to complain. Furthermore, an employer has an obligation under Title VII of the Civil Rights Act of 1964 and under the laws of many states, including Michigan, not to retaliate against a person who brings such a claim in good faith. Furthermore, if a person is absent because s/he has a serious health condition or suffers from a disability, then the Family and Medical Leave Act (FMLA) and/or the Americans with Disabilities Act (ADA) prevent, in many cases, the absenteeism from being used as a basis to select a person for termination.

The truth is, in this area of the law, as in so many, that the devil is in the details. If you are worried that you are being singled out as a result of unlawful discrimination or retaliation, then you owe it to yourself to consult with a knowledgeable attorney to find out what your rights are. We all hope that the economy improves and that employers are clamoring for workers, but in good times and bad I am proud to practice at a firm that stands vigilant for the rights of employees.

Job Discrimination Claims Reaching All-Time High?