Defending our clients' interests while striving for equality in their workplaces.

Discrimination in the workplace can lead to costly lawsuits, violence, inefficiencies, employee performance issues, and other serious problems. We work closely with management to prevent and defend against discrimination lawsuits. We also provide training for employees and management regarding compliance with state and local discrimination laws.

When a complaint arises, we act immediately to protect our clients' interests. We develop detailed and tailored strategies to manage risks and avoid discrimination.

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Workplace laws

At Midwest Legal Partners, we advise employers on the various types of discrimination laws, including:

Title VII of the Civil Rights Act of 1964

The Family and Medical Leave Act (FMLA)

The Equal Pay Act of 1963 (EPA)

Employee Retirement Income Security Act (ERISA)

Title I of the Americans with Disabilities Act of 1990 (ADA)

Employee Retirement Income Security Act (ERISA)

The Age Discrimination in Employment Act of 1967 (ADEA)

Occupational Safety and Health Administration Act (OSHA)

The Pregnancy Discrimination Act

Sections 501 and 505 of the Rehabilitation Act of 1963

The Genetic Information Nondiscrimination Act of 2008 (GINA)

Fair Labor Standards Act (FLSA)

Analyzing Employment Discrimination

Below are some brief explanations regarding several types of discrimination and related federal employment laws.

Age Discrimination
Age discrimination can occur when an employee or an applicant for employment is treated less favorably because of his/her age. Under the Age Discrimination in Employment Act (ADEA), it is unlawful for an employer to discriminate against individuals who are age 40 or older. This law applies to hiring, firing, job assignments, demotions, promotions, layoffs, training, benefits, and other workplace issues. Moreover, an employment policy, procedure, or practice that applies to all employees, regardless of age, may still be unlawful if it has a negative impact on employees or applicants age 40 or older.

Sex Discrimination
Sex discrimination can occur when an employer treats an employee or an applicant for employment unfavorably because of that person's sex. Sex discrimination is unlawful throughout many aspects of employment, including layoffs, hiring, firing, demotions, promotions, job assignments, reductions in force, and more.

Religion
Discrimination
Religion discrimination can occur when an employer treats an employee or an applicant for employment unfavorably because of his or her religious beliefs. Many employers may not appreciate the fact that the law protects not only individuals who practice traditional, organized religions, such as Christianity, Buddhism, Islam, Hinduism, and Judaism, but also others who have genuinely held religious, moral, or ethical beliefs.

Disability Discrimination
Disability discrimination can occur if an employer or other entity covered under the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability unfavorably because he or she has a disability.

Equal Pay/Compensation
Under the Equal Pay Act, employers can be liable for not providing men and women in the same workplace equal pay for the same work. Salary, stock options, bonuses, overtime pay, vacation, insurance benefits, holiday pay, and other benefits are covered by law. An inequality in wages between men and women can cause employers to face damaging lawsuits.

Pregnancy Discrimination
Pregnancy discrimination can occur when an employer treats a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
Important Questions to Consider:

1. Does your business have an employee handbook? If so, has it been reviewed or updated recently?

2. Does your business stay informed of changes in state and federal employment laws?

3. What does your business do when it is faced with a workplace issue?

4. Does your business have periodic employment law training sessions?

5. Does your business have an experienced, trained, and skilled HR department?

6. Has your business faced (and/or continues to face) damaging employment lawsuit(s)?

7. Does your business have specific policies and procedures in place to address workplace issues?

8. Do you or your business' managers know what discrimination, harassment, and other legally defined terms really mean?

9. Do you have employment agreements in place? If so, who drafts them?

10. Who answers employment law questions within your business when they arise?

11. Does your business wait to contact an attorney only if a lawsuit has been filed against it?

Genetic Information Discrimination
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), took effect on November 21, 2009, and it prohibits genetic information discrimination in employment. A violation of GINA can occur when an employer discriminates against employees or employment applicants because of genetic information. GINA prohibits employers from using genetic information in making employment decisions. Additionally, GINA prohibits employers and other covered entities from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.

National Origin Discrimination
National origin discrimination can occur when an employer treats individuals (applicants or employees) unfavorably because they are from a certain country or area of the world, because of accent or ethnicity, or because they appear to be of a certain ethnic background, even if they are not.

Race/Color Discrimination
Race discrimination can occur when an employer treats an applicant or employee unfavorably because he or she is a particular race or because of personal characteristics related to race (such as skin color, hair texture, or other racial characteristics). Similarly, color discrimination can occur when an employer treats an applicant or employer unfavorably because of skin color complexion.

Sexual Harassment
Employers can be liable for sexual harassment if an applicant or employee is harassed because of that person's sex. Furthermore, harassment can include “sexual harassment” or unwelcome sexual advances, verbal or physical harassment of a sexual nature, or requests for sexual favors.

Retaliation
Retaliation can occur when an employer fires, demotes, harasses, or otherwise “retaliates” against people (applicants or employees) because they filed a charge of discrimination, because they complained to their employer about discrimination, or because they participated in an employment discrimination proceeding, investigation, or lawsuit.