A Work Discrimination Lawyer Atlanta, GA Discusses Employment Discrimination
There are a number of elements to employment discrimination. Understanding this complex area of employment law can be challenging to people trying to manage legal situations on their own. If you believe that you have been discriminated against in the workplace or during the hiring process, you may want to speak with an Atlanta, GA work discrimination lawyer. For some, it will be important to determine if you should take legal action. There are a number of businesses that consider themselves at-will employers. What really is an at-will employer and how does this impact a person’s rights in the workplace?
Employment that is at-will means that without warning, explanation, or reason a person can be fired or terminated from their job. One important exception is that a termination cannot be due to discrimination against the employee. Consulting with an employment law attorney in Atlanta, GA may be necessary if it is believed that discrimination was a contributing factor to a person’s termination of employment.
At-will employers give flexibility for both parties to leave the company at any time and vice versa. This is a mutual agreement between employer and employee that allows for them to have a working relationship and working environment that is agreeable to both. In this agreement, employees are not only able to terminate you should they choose they can also make adjustments to:
- Employee benefits
- Required work hours
- Work scheduling
- Change in wages
- Changing job responsibilities
The term at-will can be startling for an employee to read in an employee handbook. It can feel nerve-wracking for some to think that they could be fired with very little recourse on their end. A work discrimination lawyer has legal experience which may be helpful if you believe that you were discriminated against or unlawfully dismissed from your employer. Despite this, there are some exceptions to this agreement.
Exceptions to At-Will Employment
In most situations, you will be able to see in your employment contract whether your employer is at-will. While there are a few exceptions to this, in most cases, it’s safe to assume that you have entered this type of agreement. Laws surrounding employment can be tricky to discern. It is vital that a victim consults with a work discrimination lawyer when navigating this complicated field.
There are a few situations where at-will employment agreements do not apply including:
- Employees who are in a contractual agreement with a union
- Specific policies are put in place based on public policy that specifically state that a employee cannot be dismissed for reasons such as:
- Firing employees who are on workers’ compensation
- Employees who have filed discrimination complaints against their employer
- Workers who must take leave of absences for military duty or jury duty are protected during their time away.
- Specific employment contracts that outline their terms of employment
Employment discrimination is something that no person should have to experience in the workplace, or anywhere else for that matter. Consulting with a work discrimination lawyer Atlanta, GA clients recommend who is well versed in the complexities of employment law may be in your best interest.
Disability Discrimination in the Workplace
If you think you have been discriminated against because of a disability, contact a work discrimination lawyer Atlanta, GA residents trust. Disability discrimination is defined as the act of treating an individual with a disability less favorably than an individual without a disability. As a work discrimination lawyer in Atlanta, GA can explain, discrimination against an individual with a disability in the workplace is illegal by federal law.
If you or a loved one has been discriminated against, fired, or rejected as a potential employee based off of a disability, please do yourself a favor and to reach out to Barrett & Farahany, LLP. Each work discrimination lawyer Atlanta, GA victims depend on from our firm believes that employees should be judged on of their qualifications and skill sets, not by their disabilities, association with an individual with a disability, or perceived disabilities. Below we have included examples of disability discrimination:
- Employers discriminating against an employee because of a mental or physical disability.
- Harassing or insulting an employee because he or she is disabled.
- Asking potential applicants personal (and illegal) questions regarding their medical history or conditions.
- Creating an unsafe or burdened workplace that makes it harder for a disabled individual to get around. This includes putting in substantial and tasking physical barriers just to make it more difficult for persons with disabilities.
- Employers refusing to provide any reasonable accommodation to disabled employees
If any of the above discriminations have been directed at you, there are federal and state laws protecting you from any job discrimination, retaliation, and harassment by your employer. Under federal and state laws, there is also protection for you if you have experienced discrimination due to your association or relation with a disabled individual (family or friends).
Examples of Disability Discrimination
Disability discrimination can occur in many ways. It can be obvious and direct or indirect and not so obvious. With Barrett & Farahany, LLP, you can rely on our diligence and experience to see your case through.
Each work discrimination lawyer Atlanta, GA employees count on believes that all employees should be hired based on his or her abilities, strengths, and qualifications, and not by his or her disability. It is against the law for your employer to discriminate against your disability when:
- Assigning jobs
- Providing desirable benefits
- Laying off workers
- Allowing only non-disabled employees to take leave
Direct discrimination can occur when an employer forces a disabled employee to eat in the outdoor employee area and not in the employee lounge. This is direct because the disabled individual is face-to-face with the discrimination. However, indirect discrimination can occur if an employer gives the order for all employees to complete a CPR course in a staff room and does not account for a disabled individual’s wheelchair accessibility.
Contact a Work Discrimination Lawyer Atlanta, GA Clients Recommend
Each Atlanta, GA work discrimination lawyer from Barrett & Farahany, LLP has years of experience fighting against employers for the compensation disability discrimination victims deserve.
We will do our best to ensure you receive the compensation you deserve against your employer for the discrimination placed against you. Schedule an appointment with us today by calling at 844-388-4563. A work discrimination lawyer Atlanta, GA provides from our firm can review your case and help you through any questions or confusions that you may have.