Is Being Repeatedly Laid Off Illegal Harassment By an Employer?
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Answer:
A hostile environment in the workplace may also be created by discriminationary behavior based on race, ethnicity, or national origin. The discrimination or harassment in the workplace must be severe and pervasive, rather than a mere idle comment, even if, offensive. Also it must be shown that management is aware of the harassment or discrimination and has failed to take action against it. The answer will be a matter of subjective determination for the court, based opn all the facts and circumstances involved. The answer will depend in part upon whether a complaint was filed. The employer must have notice of the harassment and failed to take action against it in order to be held liable.
Victims of discrimination in the workplace or sexual harassment in the workplace can recover for their lost wages, future lost wages, emotional distress, punitive damages, and attorneys fees
Discrimination on the basis of race, color, national origin, religion, sex, age, disability, or status as a Vietnam-era veteran is prohibited by titles VI and VII of the Civil Rights Act of 1964, title IX of the Educational Amendments of 1972, sections 503 and 504 of the Rehabilitation Act of 1973, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, the Pregnancy Act of 1975, the Age Discrimination Act of 1975, the Age Discrimination in Employment Act Amendments of 1978, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, and other federal and state statutes and regulations. This policy applies to all programs, services, and facilities, and includes, but is not limited to, applications, admissions, access to programs and services, and employment.
If the claim is that the person is being treated unfairly, it does not give rise to a legal claim on that basis alone. There must be proof that the unfair treatment was discriminatory based on race, color, national origin, religion, sex, age, disability, or status as a Vietnam-era veteran, or that the acts of the employer were in violation of an employment or union contract. If a layoff isn't in violation of a union agreement or employment contract, and not made for discriminatory reasons as described above, it is typically a matter of employer discretion.
