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Phoenix
Employment Discrimination
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In spite of the civil rights advances that have been made in Phoenix and across the nation throughout the past century, it is still relatively common for workers to be treated less favorably than their peers due to employment discrimination. If you have been mistreated as a result of your race, color, religion, sex, age, national origin, disability status, genetic information, military service, or in retaliation for engaging in protected activity, a Phoenix employment discrimination lawyer can help you throughout the process of seeking compensation and other remedies. A knowledgeable attorney will have a deep understanding of the state and federal employment laws and will be able to apply their expertise to your case in order to secure the best possible results.

Have You Faced Discrimination in the Workplace?

Discrimination in the workplace occurs when a worker receives less favorable treatment as a result of their membership in a protected class. It is against federal law for employers to discriminate against employees in any aspect of employment, including the interview process, assigning jobs and schedules, granting bonuses or commissions, promotions, and even termination. Your employer is also responsible for protecting you from workplace discrimination committed by your supervisors and coworkers.

A Phoenix Employment Discrimination Lawyer Can Help!

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Protected Classes in the United States

Federal civil rights laws make it unlawful for employers to discriminate against employees on the basis of race, religion, national origin, genetic information (including family medical history), disability, or age (for those over 40 years of age). It is also illegal to discriminate on the basis of sex, gender identity, sexual orientation, or pregnancy.

Employment Discrimination Examples

Some examples of how an employer might discriminate in the workplace include:

  • Posting employment ads in which the employer states that they are only seeking one type of worker (such as only seeking men, women who do not have children, or workers under 40 for an open position)
  • Refusing to hire a worker due to their sexual orientation or gender identity
  • Passing up a female worker for a promotion in favor of male employees with less experience or qualifications
  • Refusing to hire or firing a worker because they are pregnant
  • Allowing employees to make discriminatory jokes about a coworker, creating a hostile workplace
  • Denying an employee the same compensation and benefits as other employees because they are over the age of 40
  • Passing up disabled workers for certain jobs in order to not have to provide reasonable accommodations that can help them do the job
  • Displaying images or symbols in the workplace that are commonly found offensive by individuals of a certain race or religion
  • Making unwanted sexual advances toward an employee or offering workplace benefits in exchange for sexual favors
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How to File a Workplace Discrimination Claim in Phoenix

In order to file a workplace discrimination claim in Arizona, you should complete the following steps:

  • Attempt to resolve the issue by making a written internal complaint about the matter. Even if your complaint does not result in a resolution, it can serve as evidence in a workplace discrimination claim that you attempted to address the issue to no avail.
  • Carefully document instances of discrimination, including a detailed description of the incident(s), any witnesses to the discrimination, and the time and date of the incident(s).
  • Hire an experienced employment attorney who will investigate your claims and represent you before the Equal Employment Opportunity Commission to achieve your best possible outcome.

When Is the Right Time to Call a Phoenix Employment Discrimination Lawyer?

If you have attempted to resolve your workplace discrimination on your own but without an adequate response from your employer and you have documented the circumstances in which you were discriminated against on the job, you should call a Phoenix employment discrimination lawyer to assist you in getting the justice you deserve.

If the discrimination you experienced has resulted in your demotion, termination, suspension, or any other detriment to the terms and conditions of your employment, you should speak with an attorney as soon as possible for a free, confidential consultation.

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frequently asked question

Can I sue my employer for discrimination?

In some cases, yes. The unfavorable treatment you received from your employer must have been directly related to your membership in a protected class, in retaliation for reported suspected harassment or discrimination, or participating as a witness in a claim of discrimination or harassment.

How do you prove discrimination at work?

Because most employers are aware of protections against discrimination for an employee’s membership in a protected class, it is very unlikely that an employer will admit to it, or provide direct evidence of their discriminatory animus. Instead, this type of case generally relies on evidence such as:

  • Statements from other employees who witness the discrimination
  • Proof of written or verbal statements that suggest discrimination, such as comments that the worker would not be suitable for a promotion because they have children or refusing to address an employee by their chosen pronoun or gender identity in workplace communication
  • Communication from the employer that provides a reason for adverse action that is simply not true, such as stating that an employee was terminated for repeated tardiness when the employee has documentation to show that they did not have a record of arriving late for work
Can I be fired for filing a claim of discrimination?

It is against federal law to retaliate against an employee for filing an internal complaint about discrimination, filing a complaint with the EEOC, or filing a federal lawsuit. Employers also cannot retaliate against employees who are witnesses to such actions.

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