There are many ways people experience injustice in the workplace. Sadly, even today some workers are faced with unfair wages and discrimination on the basis of race, gender, sexual orientation, age, religion, or disability. Regardless of the reason, this mistreatment by employers is unacceptable, and you shouldn’t stand for it.
Ben Crump is renowned for his willingness to fight injustice and discrimination wherever it is found, including the workplace. If you are being discriminated against at work, or are not paid what you are owed, he is ready to fight for your workplace rights.
Contact Ben Crump today and find out how he may be able to help with your labor and employment case.
Wage & Hour Violations
There are many ways that employers deny employees the wages to which they are legally entitled. However, wage theft is prohibited in all its forms under the Fair Labor and Standards Act.
Examples of wage theft include:
- Employer doesn’t pay overtime each week;
- Employer fails to pay minimum wage;
- Employer fails to pay for all hours worked;
- Employer pools tips with non-tipped employees;
- Employee is misclassified as an independent contractor;
- Employee is misclassified as exempt from overtime pay
Wage & Hour Violation Compensation
The damages an employee may be able to recover in a wage theft case will vary depending on the specific circumstances of that case. In most cases, employees pursue the wages they should have been paid but were not.
Generally, employees can only file a lawsuit to recover wages that were lost up to two years prior to the lawsuit’s filing. However, if the court finds that an employer purposefully broke the law, it may allow employees to recover compensation for up to three years.
Workplace Discrimination
Race, Color, or National Origin Discrimination
Discrimination in the workplace based on race, color, or nationality is prohibited under Title VII of the Civil Rights Act of 1964. Under those sections, employers are found to be violating the law if they hire, fire, or determine compensation, terms, conditions, or privileges of employment on the basis of someone’s race color or national origin.
Additionally, if employees or applicants for employment are limited, segregated, or classified based on their race, color or national origin in a way that would deprive them of employment or affect their employment status, employers are also violating the law.
Under Title VII, employees found to be victims of discrimination in the workplace are eligible for damages, including, job reinstatement and promotion, wage recovery and other job-related losses, financial damages, injunctive relief (a company is forced to change its policies to stop discrimination) and payment of lawyer fees.
However, If an employee wants to file a lawsuit against their employer, a formal complaint must first be filed with the U.S. Equal Employment Opportunity Commission within 300 days of the alleged discriminatory act.
The EEOC then determines if an agreement can be reached between the employer and employee. If an agreement can’t be reached, the EEOC may launch a civil lawsuit on the employee’s behalf or give that power to the employee with a “right to sue” letter.
Gender Discrimination
Under the Equal Pay Act of 1963, employers can’t deny compensation on the basis of sex when substantially equal work is being done. Gender discrimination is also prohibited when considering a new job candidate, firing employees, promotions, job titles, benefits, and training opportunities.
With any of these factors, an employee or potential employee’s sex should not be part of the equation, and people should be hired, fired, and promoted based on their merits.
Age Discrimination
Under the Age Discrimination in Employment Act of 1967 employees and job candidates over the age of 40 are protected from discrimination based on their age. Specifically, the act prohibits:
- Refusing to hire;
- Firing;
- Offering different compensation, terms, or conditions of employment;
- Limiting, segregating, or classifying an employee in a way that would negatively affect their job opportunities.
Disability Discrimination
Under the American with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973, employers — whether they are private or governmental — are not allowed to discriminate against someone with a disability if the worker is qualified for the position.
Acts of discrimination include:
- Denying an aid, benefit, or service that is provided to other employees;
- Providing different aids, benefits, or services unless necessary;
- Refusing membership to a planning or advisory board;
- Establishing eligibility criteria that screen out those with disabilities during the application process, unless vital to the job’s duties;
- Administering programs, services, and activities that do not meet the needs of qualified individuals with disabilities.
Religious Discrimination
Under Title VII of the Civil Rights Act of 1964, employers can’t discriminate in hiring, firing, and other terms of employment based on a person’s religious affiliation or beliefs. Unless an employee’s religious practices place an undue burden on the company, they must be accommodated, according to Title VII. The rule protects employees for discrimination and harassment based on:
- Affiliation: Being affiliated with a particular religious group;
- Physical or Cultural Traits: Traits, such as accent, language, or dress related to the religion;
- Perception: Simply believing an employee or job applicant is a member of a particular religious group;
- Association: A connection with a person or organization of a particular religion.
Under Title VII, employees found to be victims of discrimination in the workplace are eligible for damages, including, job reinstatement and promotion, wage recovery and other job-related losses, financial damages, injunctive relief (a company is forced to change its policies to stop discrimination) and payment of lawyer fees.
To file a lawsuit though, an employee must notify the EEOC of the discrimination within 300 days of the incident. The EEOC will then determine if an agreement can be reached between the employee and their employer. If an agreement can’t be reached, the EEOC may launch a civil lawsuit on the employee’s behalf or give that power to the employee with a “right to sue” letter.
Employer Retaliation
Whether you are the victim of discrimination in the workplace or a wage-and-hour violation, it is never legal for your employer to retaliate against you for pursuing the treatment or wages to which you are legally entitled
Therefore, you should never fear approaching your employer about violations or mistreatment because you can’t legally be fired, demoted, harassed, refused a promotion, have your benefits altered, forced into an unpaid leave of absence, or have your job assignments changed in retaliation for asserting your rights.
If you are retaliated against for bringing up discrimination or wage violations to your employer, you may be able to file a separate lawsuit or be eligible for additional damages in your original lawsuit.
Contact Ben Crump Today
The laws our nation put in place to prohibit discrimination and wage theft in the workplace ensure that each person is treated with the respect and dignity they deserve.
No one should have to deal with any form of discrimination in the workplace because of their age, disability, race, religion, or sex, and no one should have to take home less than the full amount of pay they are entitled to.
If you believe you’re the victim of discrimination or wage theft at work, Mr. Crump wants to hear from you. He may be able to help you file a lawsuit and recover compensation for the damages you’ve incurred.
Contact Ben Crump today to learn more about how he may be able to help with your labor and employment case.
