Tag Archive for: Alabama employment law attorneys

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Understanding Employment Discrimination in the Alabama Workplace

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At one time or another, most people feel they are treated unfairly at work. As an at will state, Alabama employers can terminate your employment for many reasons, but not for reasons defined under state and federal law as discriminatory.

Understanding something about those reasons is important if you suspect discrimination at work. In the United States, employers cannot discriminate against you for the following reasons:

  • Age (over 40 years of age)
  • Disability
  • Gender including pregnancy
  • National origin
  • Race
  • Religion
  • Color
  • Genetic background

Alabama state law prohibits discrimination on the basis of age and broad protection is provided by the federal Equal Employment Opportunity Commission (EEOC). The EEOC offers protection to individuals already employed or those who believe they were discriminated against during the hiring process.

Prohibited treatment under federal law includes:

  • Discrimination or harassment based on defined, protected factors
  • Denial of adjustment or accommodation in your workplace due to religious belief or disability
  • Retaliation because you filed a complaint, were involved in a lawsuit or aided an investigation of your employer for alleged wrongdoing or discrimination

You generally have 180 days from the date of discrimination to file a complaint. Speaking with an employment lawyer is a good idea prior to filing a complaint if you wonder whether treatment by your employer is discriminatory. A business must employ at least 15 people for 20 calendar weeks to fall under the authority of the EEOC. An attorney can advise you about this coverage, and provide information about the evidence and documentation needed to help support your case.

Everyday complaints at work are commonplace, but discrimination should not be. If you have questions about the difference, speak to an attorney at our firm.

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Your Protection Against Disability Discrimination

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Bill Thomas was general manager at Birmingham sports-talk radio station WJOX-FM when he was diagnosed with congestive heart failure. He was dismissed from his job just six days after informing his superiors, although he felt able to continue working as usual.

Mr. Thomas is suing the owner of the radio station, Cumulus Media, for wrongful termination in federal court. He seeks reinstatement into his position, back pay from when he was fired, legal fees and other damages.

What are my rights if my employer discriminates against me?

Under the Americans with Disabilities Act, an employer is prohibited from discriminating against an employee or candidate for employment on the basis of his or her disability when making decisions concerning promotion, hiring, pay, dismissal or other issues. Under federal law, you could be defined as having a disability for:

  • A mental or physical impairment that hinders your everyday functions substantially, such as walking, eating, seeing, speaking, lifting or working
  • A record of having such an impairment
  • Being someone perceived as having such an impairment

Mr. Thomas’ bosses seemed to terminate his employment because of their perception that his medical condition would limit his ability to carry out his work duties. If so, this would constitute a breach of federal discrimination laws. An employer may have a defense in certain situations, such as if your disability stems from an infectious disease that presents a health risk to others.

What compensation can I get from my employer?

If your employer has breached its duty not to discriminate against you for your disability, you can sue for compensatory and punitive damages. You are entitled to punitive damages if you can demonstrate that your employer was malicious or recklessly indifferent to your rights in discriminating against you for your disability. You have the right to request trial by jury, in which case there is no limit on the amount of compensatory and punitive damages you can be awarded.

If you believe you are facing discrimination at work due to a disability, get in touch with a renowned Alabama employment rights lawyer to discuss your case.

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Do You Have a Wrongful Termination Case?

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Getting fired is one of life’s most stressful experiences, especially when the firing is unjustified.  Although employment relationships in Alabama are at-will — employees may quit at any time and employers may lay off employees without reason — the law does not permit an employer to fire employees under certain circumstances:

  • Discrimination. Federal and state anti-discrimination laws prohibit an employer from firing someone on the basis of race, nationality, religion, sex – including pregnancy, color, age or disability.
  • Breach of contract.  An employer may not breach an employment contract or agreement, including an employer-union collective bargaining agreement. For example, last month a prison doctor under contract with the State of California — who had reduced his private practice to accommodate the growing inmate population and was abruptly fired from the prison without explanation — won a wrongful termination lawsuit and was awarded $3.3 million.
  • Violation of employer’s discharge policy. Where an employee handbook, company policy manual, or other similar document outlines job termination procedures, those procedures must be followed.
  • Retaliation.  Your employer cannot fire you for rejecting sexual advances, refusing to do something illegal, reporting (whistle blowing) the company’s illegal activities to the authorities, filing a complaint against employers for discrimination, or other claim for compensation. For example, this past October a court awarded an academic whistle-blower $819,000 after the University of Virginia fired him for reporting that his mentor had misappropriated grant funds.

Although difficult to prove, you may have a claim for constructive discharge if you felt pressured to resign because your employer made your working conditions so intolerable that any reasonable employee would also have quit under the same circumstances.

If you are having difficulties at work, it may be beneficial for you to consult with an employment law attorney to help you fully understand your rights. If you are fired, a lawyer can determine if your employer followed proper termination and post-employment procedures and assures your employer provides you with the best possible severance package.

If a violation has taken place, your lawyer can assist you with a wrongful termination lawsuit. Our office specializes in employment law and is at your service. Call our office today for a consultation.