5 Types of Illegal Discrimination in the Workplace
There are several types of discriminations that happens in the workplace, ranging from who you are to how you are. I'd like to touch base on some of the discrimination cases Manes & Narahari has handled.
Race and Age Discrimination: William Daniel Harris v. HM Health Solutions, Inc. was filed by our employment attorney, Prabhu Narahari, alleging that Plaintiff Harris was subjected to Race and Age Discrimination while in the employ of HM Health Solutions, Inc. Plaintiff was a Caucasian male, the minority of Defendant's employee, and in an age group protected by the Age Discrimination in Employment Act ("ADEA").
Plaintiff Harris was intentionally excluded from employee trainings under the false pretense, that at his age, he "wouldn't understand" what was happening. The younger employees were never excluded from these trainings.
Title VII of the Civil Rights Act of 1964 was put in place to prohibit employers from discriminating against employees based on race. Plaintiff was over the age of 40, placing him in a class protected by the ADEA. In this particular case, Plaintiff, whom was not of an ethnic origin, was being discriminated against his direct supervisors who were significantly younger and of ethnic origin.
Pregnancy Discrimination: Natisha Winbush v. Adaptive Behavioral Services alleged Plaintiff was terminated as a result of her pregnancy. Title VII of the Civil Rights Act of 1964 contains a provision called the Pregnancy Discrimination Act ("PDA"), which states that an employer with 15 or more employees cannot discriminate against pregnant employees. Plaintiff informed Defendant, Adaptive Behavioral Services, that she had a high risk pregnancy, which required accommodations. Plaintiff began to face harassment regarding her pregnancy, from her direct supervisor, whom also failed to accommodate Plaintiff. Plaintiff alleged in her Complaint that she was wrongfully terminated from her position with Defendant due to issues arising out of her pregnancy.
Disability Discrimination: Mark Santavicca v. Blueline Rental and United Rentals was a
case handled by our employment attorneys regarding alleged discrimination perpetrated by the Defendant on the basis of the Plaintiff's disability. The American's with Disabilities Act ("ADA") sets the foundation preventing an employee from being singled out on the basis of a disability. Plaintiff's disability, Nystagmus, causes involuntary movement of the eyes.
Plaintiff often faced harassment and discrimination as a result of his condition, by coworkers and direct supervisors. Plaintiff had reported the environment that he was forced to endure, but there was never any corrective action against those who perpetrated the harassment. As a result of Plaintiff seeking remedies in the work place to prevent the mocking of his disability, he was terminated from his position, in violation of the ADA.
Religious Discrimination: Bradley Marks v. Thermo Fischer Scientific and NTT Data Services, Inc. is currently an ongoing case, filed with the American Arbitration Association, alleging discrimination violating Title VII because of Plaintiff's Jewish Faith.
Plaintiff's direct supervisor would frequently make anti-sematic comments to Plaintiff. included telling Plaintiff that "he should have been burned in the oven" referring to the Holocaust. After the incident at the Tree of Life Synagogue in Squirrel Hill, PA, Plaintiff's supervisor would use his hands to make a Hitler style mustache on his face and made a Nazi salute. Plaintiff reported this discriminatory behavior to upper management as well as requested to be assigned to work somewhere else to get away from the hateful discrimination he was facing. Shortly after his last report made about the behavior he was being forced to endure, Plaintiff was terminated from his position.