The Trump administration has abandoned its duty to protect the rights of all workers—not just cisgender white men—to be free from discrimination and harassment, but MSE’s attorneys never will.
Everyone deserves to work without fear of discrimination or harassment based on their race, religion, sex, national origin, or any other protected characteristic. As the federal government retreats from enforcing workplace antidiscrimination laws, McGillivary Steele Elkin LLP stands ready to fill the vacuum by doing what it always does: standing up for workers by protecting their rights in court.
Illegal Employment Discrimination and Retaliation
Federal law (and most states’ laws) prohibits your employer from treating you unfairly simply because you possess certain “protected characteristics.” While protections may vary by state, some of these characteristics may include:
| Race | Sex/Gender | Disability |
| Color | Gender Identity/Expression | Religion |
| National Origin | Sexual Orientation | Age |
| Marital/Familial Status | Pregnancy | Genetic Information |
Employment discrimination occurs when an employer singles out and treats an employee differently than other employees because of the employee’s race, sex, disability, or any other protected characteristic (or permits other employees to do the same.)
The law also protects employees who engage in “protected activities,” which includes asserting their rights to be free from employment discrimination.
What Does Employment Discrimination Look Like?
Illegal employment discrimination can take many forms. If you have been:
- Terminated;
- Passed over for a promotion or job opportunity;
- Paid less than your colleagues;
- Denied benefits or opportunities available to your colleagues;
- Subject to harassment; or
- Treated differently or less favorably than your colleagues
because of your race, sex, or other protected characteristic, your employer may be engaged in illegal discrimination.
Harassment Can Also Constitute Illegal Discrimination
Workplace harassment is unwelcome conduct based on a protected characteristic, such as race, color, sex, gender identity, national origin, age, or disability. This may include offensive jokes, name-calling, physical assaults or threats, or other forms of intimidation.
Sometimes illegal harassment involves just one or two serious incidents of racist, sexist, or other types of harassment. Even if any one incident might not rise to that level of severity, though, you may still be experiencing illegal harassment. A pervasive pattern of “microaggressions” and other unwelcome conduct can create an environment that is hostile or intimidating… and when they do, your workplace violates the law!
What Does Retaliation Look Like?
It is unlawful to retaliate against employees – or job applicants – for engaging in “protected activities.” Protected activities may include:
- Reporting, filing or being a witness in a charge, complaint, investigation or lawsuit alleging illegal discrimination;
- Refusing to follow orders that would result in discrimination;
- Resisting sexual advances;
- Intervening to protect others from discrimination or harassment because of protected characteristics; or
- Asking managers or co-workers about salary information to uncover potentially discriminatory wage practices.
When employers take these actions, they may be retaliating against workers for challenging illegal discrimination.
The Trump Administration’s Effect on Anti-Discrimination Enforcement
The federal government has abandoned the fight against discrimination, but, now more than ever, MSE attorneys will stand up for workers. As the Trump administration continues its assault on diverse workplaces, many workers now face new and unique challenges.
Recent Executive Orders have drastically shifted the enforcement priorities of the U.S. Equal Employment Opportunity Commission (“EEOC”)—for the worse. From refusing to support disparate impact claims to abandoning entire categories of discrimination claims and staking out openly hostile positions against transgender workers, the Trump EEOC will no longer be a leader in protecting the rights of all workers to be free from discrimination in the workplace.
If you previously filed a “Charge of Discrimination,” we may be able to help. Reach out to our team, and we can determine what options are available to address your employer’s illegal actions.
But act quickly! Strict time limits govern when you can file your discrimination claim, and you don’t want to be left without options after the EEOC has run out the clock.
If You Think Your Employer Has Discriminated or Retaliated Against You, Give Our Firm a Call
Navigating this system alone can seem daunting, but it doesn’t have to be. Our team has successfully helped employees challenge employment discrimination claims across a variety of industries and receive just compensation. If you would like to have a free consultation with an attorney at MSE about investigating your retirement plan, please contact us.
