Employment and Discrimination Law

Employment Discrimination

Employees have a right to not be discriminated against in the workplace. An employer cannot use an employee’s protected class (disability, race, age, gender, national origin, religion, familial status, etc.) as a factor in determining the terms and conditions of the employee’s employment.

For example, an employer cannot use an employee’s disability, race, age, gender, religion, national origin, or familial status as a factor in hiring, firing, determining pay and benefits, scheduling work, determining work assignments, promotions, or discipline of the employee.

While these examples illustrate some common adverse actions, employers take against employees on the basis of a protected class, they’re not all inclusive. Every case is different. That’s precisely why it’s critical that you contact an employment discrimination attorney immediately.

Housing Discrimination

It is illegal to discriminate in any aspect in housing because of an individual’s protected class (disability, race, age, gender, national origin, religion, familial status, etc.) as a factor in determining the terms and conditions of the employee’s employment.

For a landlord or seller of home could not refuse to rent or sell housing based on your protected class. They could not set different terms or conditions for sale or rental of the dwelling. They cannot refuse to allow inspection of the home based on your protected class. The landlord or sell of the home could not provide different housing services to different individuals based on their protected class. They cannot deny membership in a facility or listing service related to the sale or rental of a home.

It is also illegal to refuse to make a mortgage loan or to offer different loan terms based strictly on the homebuyers protected class.

While these examples illustrate some common adverse actions, landlords take against potential tenants or buyers on the basis of a protected class, they’re not all inclusive. Every case is different. That’s precisely why it’s critical that you contact a housing discrimination attorney immediately.

Employment and Housing Discrimination typically fall under one of these categories:

Disability Discrimination

Federal and Missouri law protect individuals with disabilities from discrimination by employers, potential employers, landlords, and places of public accommodation. Included is a requirement that employers and places of public accommodation make reasonable accommodations for disabled individuals.

Homeowners must allow their tenants to make reasonable modifications to the dwelling or common area at the tenant’s expense if necessary, to use and enjoy the housing. It is also illegal to harass employees because of their disabilities. Harassment in the workplace consists of unwelcome comments or conduct by co-workers or supervisors.

Race Discrimination

Federal and Missouri law protect individuals from discrimination based on race by employers, potential employers, landlords, and places of public accommodation.

It is also illegal to harass individuals because of their race. Harassment in the workplace can consist of unwelcome comments or conduct by co-workers or supervisors.

Age Discrimination

Federal and Missouri law protect individuals from discrimination based on age above 40 by employers, potential employers, landlords, and places of public accommodation.

It is also illegal to harass individuals because of their age. Harassment in the workplace can consist of unwelcome comments or conduct by co-workers or supervisors.

Gender Discrimination

Federal and Missouri law protect individuals from discrimination based on their gender/sex by employers, potential employers, landlords, and places of public accommodation.

It is also illegal to harass individuals because of their gender/sex. Harassment in the workplace can consist of unwelcome comments or conduct by co-workers or supervisors.

Pregnancy Discrimination

If employees are expecting a child, it is illegal for the employers to discriminate against the employees based on that fact under federal and Missouri law. It is also illegal to harass employees because they are pregnant. Harassment in the workplace consists of unwelcome comments or conduct by co-workers or supervisors.

Sexual Harassment

Federal and Missouri law prohibit sexual harassment in the workplace. There are two forms of sexual harassment: quid pro quo and hostile work environment. Quid pro quo involves an employee in a position of authority, such as a supervisor, demanding their subordinate employee tolerate sexual harassment as a condition of their job. Hostile work environment involves a pattern of this or any other type of unwelcome comments or conduct that is sexual in nature.

National Origin Discrimination

Federal and Missouri law protect individuals from discrimination based on their national origin by employers, potential employers, landlords, and places of public accommodation.

It is also illegal to harass individuals because of their national origin. Harassment in the workplace can consist of unwelcome comments or conduct by co-workers or supervisors.

Religious Discrimination

Federal and Missouri law protect individuals from discrimination based on their religion by employers, potential employers, landlords, and places of public accommodation.

It is also illegal to harass individuals because of their religion. Harassment in the workplace can consist of unwelcome comments or conduct by co-workers or supervisors.

Retaliation

Federal and Missouri law prohibit employers from retaliating against employees for exercising their right in preventing discrimination or harassment. Common claims for retaliation involve adverse employment actions following reports of discrimination or harassment or reports that the employer or other employees were violating the law in some way.

Public Accommodation Discrimination

Generally, a public accommodation is a facility public and private but used by the public. These could be retail stores, service establishments, educational institutions, recreational facilities, and service centers.

It is illegal for a place of public accommodation to discriminate because of an individual’s protected class (disability, race, age, gender, color, national origin, religion, etc.)

Examples include refusing to provide service, being inaccessible to a person with a disability, setting different terms and conditions for use of the services or facilities, failing to reasonably accommodate a person with a disability, failing to provide adequate disabled parking, failing to provide an accessible public restroom, failing to provide an accessible entrance.

While these examples illustrate some common adverse actions, landlords take against places of public accommodation on the basis of a protected class, they’re not all inclusive. Every case is different. That is precisely why it is critical that you contact a housing discrimination attorney immediately.

Workers’ Compensation

Workers who suffer an illness or injury that is considered “work-related” may be entitled to some compensation. The Missouri Division of Labor has its own process for workers’ compensation. Specific criteria exist for ill or injured employees to file a claim. It is imperative that you hire an attorney well versed in Missouri and federal regulations to assist you in bringing a workers’ compensation claim.

Worker’s Compensation Retaliation

Missouri law prohibit employers from retaliating against employees for exercising their rights under the workers’ compensation laws.

Severance Agreements & Employment Contracts

Attorneys with Burkhart Law Group work with clients to negotiate fair and reasonable severance agreements and employment contracts. The employer will have legal counsel reviewing employment documents for them and it is smart for the employee to do the same.

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