The workplace should be a place of equal opportunities, fair wages, and a discrimination-free environment. However, many employees experience violations of employment laws, leading to lawsuits that demand back wages, damages for emotional distress, and reinstatement.
Employers must follow federal laws and state laws that protect employees’ rights. Yet, many businesses ignore these regulations, leading to employment discrimination, wage violations, wrongful termination, and workplace harassment.
We have seen several cases where the court ruled in favor of the victims, but most employees commit mistakes that ruin their chances of winning the lawsuit.
What Can Victims Do?
Employees who suffer from adverse employment actions have the legal right to file an employment lawsuit. Laws like the Fair Labor Standards Act (FLSA), Civil Rights Act, Americans with Disabilities Act (ADA), and Title VII prohibit employers from engaging in discriminatory or unfair workplace practices.
Lawsuits involving labor laws frequently end up in federal court, district court, or state court. Employees must be aware of their rights to identify violations and take legal action if necessary.
Employment Discrimination Violations
Employment discrimination is a serious concern and includes several legal violations that can have long-term impacts on the victims.
Title VII and Civil Rights Act Discrimination Cases
The Civil Rights Act and Title VII prohibit discrimination based on race, color, national origin, religion, and sex. Employers must ensure fair treatment in hiring, promotions, job duties, and terminations.
Discrimination based on protected class status is illegal. However, many workers experience pay disparities, biased employment decisions, and wrongful terminations.
Age Discrimination and Employment Act Violations
Older employees are often targeted for termination or denied promotions. The Age Discrimination in Employment Act (ADEA) protects workers 40 years and older from adverse employment actions based on age.
Employers sometimes replace older workers with younger, lower-paid employees. When this happens, the affected employee can file a lawsuit seeking back pay and reinstatement.
Gender Identity and Sexual Orientation Discrimination
The Equal Employment Opportunity Commission (EEOC) enforces laws protecting employees from gender identity and sexual orientation discrimination. Yet, many workers experience hostile work environments due to their gender or sexual orientation.
Employers who terminate, demote, or harass workers based on these factors violate anti-discrimination laws. Recent Supreme Court rulings affirm that these protections extend under Title VII.
Sex Discrimination and Pay Disparity
Female employees often earn less than male colleagues despite performing the same job duties. The Equal Pay Act ensures that female workers receive equal pay for the same position.
A lawsuit can be filed if a female employee earns less than a male counterpart with equal experience and job performance. Courts have ruled in favor of female workers in cases of pay discrimination.
Employer Retaliation for Filing Complaints
Many workers hesitate to report employment law violations due to fear of employer retaliation. However, retaliation is illegal under federal laws.
If an employer’s decision to terminate or demote an employee is based on retaliation, the worker can sue for lost wages, emotional distress, and punitive damages.
Discrimination Based on Disability
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for disabled workers. However, some businesses refuse to adjust job duties or modify work environments.
Employees who experience discrimination based on disability can file a lawsuit under the ADA. Many cases have resulted in district courts denying summary judgment, allowing lawsuits to proceed.
Wrongful Termination Due to Protected Class Status
A former employee who was wrongfully terminated based on race, gender, disability, or age can sue for damages. Courts frequently rule against employers who engage in discriminatory termination practices.
If an employer fires an employee without a valid reason, the employee can seek compensation for lost wages, back pay, and emotional distress. However, you will need help from an employment lawyer to do this efficiently.
Wage and Hour Violations
Wage and hour violations are one of the primary reasons people go for an employment lawsuit. They initially believed the 6 myths related to employment law, which later cost them. However, here’s a quick insight into the hour and wage violations that you could be dealing with.
Failure to Pay Minimum Wage
The Fair Labor Standards Act (FLSA) sets minimum wage requirements. However, many businesses fail to pay employees the required amount, leading to lawsuits.
If a worker earns below the legal minimum wage, they can take legal action to recover unpaid wages and additional damages.
Unpaid Overtime Pay
Workers who exceed 40 hours per week must receive overtime pay. Some employers avoid paying overtime by misclassifying employees, violating wage and hour laws.
A lawsuit with the help of the right firm can help affected employees recover unpaid overtime and prevent further violations.
Illegal Pay Deductions
Employers cannot deduct wages for uniforms, tools, or business expenses if it results in workers earning below minimum wage. Employees experiencing pay violations can file a wage theft complaint.
Unpaid Wages for Off-the-Clock Work
Many employers require workers to perform tasks before or after shifts without compensation. This is a violation of labor laws, and employees can sue for back pay and damages.
Sexual Harassment and Hostile Work Environment
Unwelcome Sexual Advances
Sexual harassment remains a widespread issue. Victims frequently report unwelcome sexual advances, requests for sexual favors, and inappropriate conduct.
If an employer fails to address sexual harassment complaints, the worker can file a lawsuit for damages, lost wages, and emotional distress.
Hostile Work Environment Cases
A hostile work environment occurs when repeated harassment creates an unbearable workplace. Courts have ruled in favor of employees who prove a pattern of harassment, retaliation, or intimidation.
Retaliation for Reporting Workplace Harassment
Some employers fire or demote workers who report sexual harassment. However, employer retaliation is illegal, and wrongfully terminated employees can take legal action.
Violations of Employee Privacy Rights
Unlawful Background Checks
Employers must follow federal and state privacy laws when conducting background checks. Unauthorized screenings can result in legal consequences.
Invasion of Employee Privacy
Employers cannot monitor personal communications without consent. If an employer violates employee privacy rights, legal action may be taken.
Failure to Follow Arbitration Agreements
Many companies use arbitration agreements to prevent lawsuits. However, if an arbitration agreement is unfair, courts may invalidate it, allowing workers to sue.
Collective Bargaining and Union Rights Violations
Unionized workers have rights under collective bargaining agreements. Employers that violate these agreements may face employment lawsuits.
Discrimination Against Unionized Workers
Employers cannot discriminate against union members by denying promotions or benefits. Violations can result in lawsuits for back pay and damages.
What Employees Should Do if Their Rights Are Violated
Filing a Complaint with the EEOC
Workers facing employment law violations should report their case to the EEOC. Many cases result in settlements or lawsuits.
Taking Legal Action
Employees may file a lawsuit in federal court, district court, or state court. Many cases result in affirmative defense rulings against employers.
Get Legal Help for Employment Law Violations
Employees who experience workplace discrimination, wage violations, wrongful termination, or harassment deserve justice and fair compensation.
At Bourassa Law Group, our experienced employment law attorneys fight for employees’ rights in lawsuits against former employers, corporations, and businesses.
Contact Bourassa Law Group today for a free consultation. Let us fight for your rights and secure the compensation you deserve.
1-800-870-8910