Clients in Alabama know that McPhillips Shinbaum, LLP is the firm they can trust to take care of their employment law issues. When senior attorney Julian McPhillips started this firm in 1978, he devoted much of his early career to stopping racial discrimination in the workplace. His work was responsible for minorities being able to seek state employment in Alabama, and Julian has won countless race, sex and age discrimination cases for clients throughout the state.

Forty years later, McPhillips Shinbaum, LLP continues to help the people of Alabama fight against unfair employment practices. Our attorneys firmly believe that all people are created equal, and they fight to ensure that workers are given the opportunity to enjoy their jobs without fear of discrimination, harassment or termination based on who they are or what they look like.

Dedicated Employment Law Attorneys Putting an End to Unfair Work Conditions

Experiencing unfair treatment in the workplace can be incredibly stressful and isolating. Whether it’s wrongful termination, persistent harassment, or blatant discrimination, these situations not only impact your livelihood but also your well-being. At McPhillips Shinbaum, LLP, our Alabama employment law attorneys are committed to fighting for employees’ rights, ensuring that justice is served and fair treatment is upheld. We represent clients in a comprehensive range of employment law cases before both state and federal courts, leveraging our deep understanding of the law and extensive experience to achieve favorable outcomes.

Our firm is intimately familiar with the complex web of federal laws designed to protect employees. These include foundational legislation such as Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex, or national origin. We also handle cases under Title IX, which prohibits sex-based discrimination in education programs receiving federal financial assistance, often relevant in employment contexts within educational institutions. The Americans with Disabilities Act (ADA) is another critical statute we navigate, ensuring that individuals with disabilities receive reasonable accommodations and are not discriminated against.

Furthermore, we are well-versed in cases involving the Equal Pay Act, which mandates equal pay for equal work regardless of sex, and the Fair Labor Standards Act (FLSA), covering minimum wage, overtime pay, recordkeeping, and youth employment standards. The Age Discrimination in Employment Act (ADEA) protects individuals aged 40 and older from discrimination in employment. We also assist clients with issues related to the Family and Medical Leave Act (FMLA), which provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for family and medical reasons. Lastly, Section 1981 of the U.S. Code is a powerful tool we utilize, prohibiting racial discrimination in the making and enforcement of contracts, including employment contracts.

With more than 30 years of experience handling these intricate cases, our firm has the profound knowledge and proven ability to help you receive the fair treatment and just compensation you rightfully deserve. We understand the nuances of employment law and are dedicated to guiding you through every step of the legal process, from initial consultation to resolution.

Workplace Discrimination: A Persistent Challenge

Workplace discrimination remains a pervasive issue in the United States, affecting countless individuals across various demographics. Employers are legally prohibited from firing, refusing to hire, or otherwise discriminating against an employee due to their sex, race, age, religion, political affiliation, marital status, national origin, or because they are disabled. Despite these protections, discriminatory practices persist, often subtly, making them difficult to identify and challenge without legal assistance.

Statistics on Workplace Discrimination:

According to the U.S. Equal Employment Opportunity Commission (EEOC), the primary federal agency responsible for enforcing anti-discrimination laws, a significant number of charges are filed annually. In Fiscal Year 2023, the EEOC received 81,055 charges of workplace discrimination. 

This figure represents a slight increase from Fiscal Year 2022, when 73,485 charges were filed. These numbers underscore the ongoing need for vigilant enforcement and legal representation for victims.

Let’s break down some of the most common types of discrimination charges filed with the EEOC in Fiscal Year 2023:

• Retaliation: This was the most frequently filed charge, accounting for 42,008 charges, or 51.8% of all charges filed. This highlights a critical issue where employees face adverse actions for exercising their protected rights, such as reporting discrimination or harassment.
• Disability Discrimination: There were 31,540 charges of disability discrimination, representing 38.9% of the total. This demonstrates the ongoing challenges faced by individuals with disabilities in securing and maintaining employment.
• Race Discrimination: Race discrimination charges totaled 27,103, making up 33.4% of all filings. This category includes discrimination based on ancestry, physical characteristics, and cultural dress or grooming practices.
• Sex Discrimination: This category saw 25,104 charges, or 31.0% of the total. Sex discrimination encompasses a broad range of issues, including discrimination based on gender identity, sexual orientation, pregnancy, and sex stereotyping.
• Age Discrimination: Charges related to age discrimination amounted to 15,640, or 19.3%. As the workforce ages, protecting older workers from discriminatory practices remains a vital concern.
• National Origin Discrimination: There were 7,597 charges of national origin discrimination, accounting for 9.4%. This includes discrimination based on an individual’s country of origin, ethnicity, or accent.
• Religious Discrimination: Religious discrimination charges stood at 3,924, or 4.8%. This involves treating someone unfavorably because of their religious beliefs or practices, or lack thereof.

It’s important to note that many individuals experience multiple forms of discrimination, meaning a single charge can allege discrimination on several bases. The statistics above reflect the number of times each type of discrimination was alleged, not necessarily the number of unique individuals filing charges.

Our firm plays a crucial role in assisting clients with filing discrimination claims with the EEOC. The process requires careful attention to detail and strict adherence to deadlines. Our lawyers ensure that your filing is timely, thoroughly documented, and provides the EEOC with all the necessary information to move forward with your case. 

This includes gathering evidence, drafting detailed narratives, and responding to EEOC requests for information. If the EEOC determines that discrimination has occurred, you may be entitled to a settlement. 

These settlements often include various beneficial remedies, such as front and back pay (compensation for lost wages from the time of discrimination to the present, and for future earnings), promotion, reinstatement to your former position, and other forms of relief aimed at making you whole again. If you suspect you are being discriminated against at work, contacting our employment law attorneys for an initial consultation is the critical first step toward seeking justice.

Wrongful Termination: When Being Fired Isn’t Legal

The concept of “at-will” employment, prevalent in most U.S. states including Alabama, means that an employer can typically terminate an employee for any reason, or no reason at all, as long as it’s not an illegal reason. However, there are significant legal protections in place to prevent wrongful termination. Employees cannot be fired in retaliation for exercising their protected rights or for reasons that violate anti-discrimination laws.

Common scenarios that constitute wrongful termination include:

• Whistleblowing: This occurs when an employee is fired for reporting illegal, unethical, or dangerous activities by their employer to internal management or external authorities. Laws like the Whistleblower Protection Act protect federal employees, and various state and federal statutes offer protections in the private sector.
• Engaging in Union Activity: The National Labor Relations Act (NLRA) protects employees’ right to organize, form, join, or assist a labor organization, and to bargain collectively through representatives of their own choosing. Firing an employee for union-related activities is illegal.
• Filing a Sexual Harassment Complaint: It is illegal to fire an employee for reporting sexual harassment, either internally to HR or management, or externally to the EEOC. Such an action is considered retaliation.
• Making Reports about Illegal Workplace Conditions: This can include reporting safety violations to the Occupational Safety and Health Administration (OSHA), reporting wage and hour violations to the Department of Labor, or any other complaint about unlawful practices within the company.
• Discrimination-Related Termination: As discussed previously, firing an employee based on their race, sex, age, religion, national origin, or disability is illegal discrimination and constitutes wrongful termination.

If you believe you have been wrongfully terminated for any of these reasons, it is crucial to act quickly. Evidence can be lost, and statutes of limitations can expire. 

Contacting McPhillips Shinbaum, LLP immediately allows us to assess your situation, gather necessary evidence, and determine the best course of action to protect your rights and pursue appropriate remedies. Our goal is to ensure you receive compensation for lost wages, emotional distress, and other damages resulting from the unlawful termination.

Harassment in the Workplace: Creating a Safe Environment

Workplace harassment is a serious issue that state and federal laws are designed to prevent. Employers have a legal obligation to ensure a work environment free from harassment. There are primarily two main types of workplace harassment that our firm addresses: the creation of a hostile work environment and sexual harassment.

Hostile Work Environment

A hostile work environment exists when an employee is subjected to severe or pervasive unwelcome conduct based on a protected characteristic, such as race, sex, religion, national origin, age, or disability. The conduct must be so objectively offensive that it alters the conditions of the victim’s employment and creates an abusive working environment. This can include:

• Severe Racial Harassment: This could involve the use of racial slurs, offensive jokes, derogatory comments, intimidation, or the display of racist symbols. For instance, if an employee of color is routinely subjected to racial epithets by colleagues or supervisors, and management fails to address it despite complaints, this could constitute a hostile work environment.
• Severe Sexual Harassment (Non-Quid Pro Quo): This includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. It can also involve offensive remarks about a person’s sex. For example, persistent crude jokes, sexually suggestive comments, or the display of sexually explicit materials that create an intimidating or offensive atmosphere for employees, particularly if directed at a specific gender, could be hostile environment harassment.

It’s important to understand that isolated incidents, unless extremely severe, generally do not create a hostile work environment. The conduct must be pervasive (frequent, ongoing, and widespread) or severe (a single, very serious incident) enough to objectively alter the terms and conditions of employment for a reasonable person.

Sexual Harassment (Quid Pro Quo)

This type of sexual harassment, often referred to as “quid pro quo” (Latin for “something for something”), occurs when an employee is offered certain opportunities within the company in exchange for sexual favors. This is typically perpetrated by someone in a position of power, such as a supervisor or manager. Examples include:

• A supervisor promising a promotion or raise if an employee agrees to go on a date with them.
• Threatening to fire or demote an employee if they refuse sexual advances.
• Making continued employment contingent on submitting to sexual demands.

Both hostile work environment and quid pro quo sexual harassment are illegal and can have severe consequences for victims, including emotional distress, damage to career prospects, and financial hardship.

If you have been the victim of any form of harassment in the workplace, our team of attorneys can help you understand your rights and take decisive action. We can assist you in filing a formal complaint with your employer, filing a charge with the EEOC, and, if necessary, initiating a lawsuit against your employer. 

Our goal is to put an end to the harassment, hold the responsible parties accountable, and secure the compensation and remedies you deserve to move forward with your life and career. We are dedicated to creating workplaces where all employees are treated with dignity and respect.

Workplace Discrimination

Employers cannot fire or refuse to fire an employee due to their sex, race, age, religion, political affiliation, marital status, national origin or because they are disabled. Our firm helps clients file discrimination claims with the Equal Employment Opportunity Commission (EEOC), a federal anti-discrimination agency. Our lawyers make sure that your filing is timely and detailed, and provide the EEOC with the documentation they need to move forward with your case. If the EEOC determines discrimination has occurred, you may be entitled to a settlement. These settlements often include front and back pay, promotion, reinstatement and other beneficial remedies. If you feel that you are being discriminated against at work, contact our employment law attorneys today for an initial consultation.

Wrongful Termination

Employees cannot be fired in retaliation for whistleblowing, engaging in union activity, filing a sexual harassment complaint or making reports about illegal workplace conditions. If this has happened to you, contact McPhillips Shinbaum, LLP immediately.

Harassment in the Workplace

State and federal law prohibit employers from allowing harassment in the workplace. There are two main types of workplace harassment — the creation of a hostile work environment and sexual harassment. A hostile work environment exists when an employee is subjected to severe racial or sexual harassment in the workplace. Sexual harassment exists when an employee is offered certain opportunities within the company in exchange for sexual favors. If you have been the victim of harassment, our experienced team of attorneys can help you file suit against your employer and put an end to your problems in the workplace.

Get the Respect You Deserve in the Workplace

Call today at 334.262.1911 or contact the firm online to schedule an initial consultation. McPhillips Shinbaum, LLP represents clients throughout Alabama, including Montgomery, Autauga and Elmore counties.