Law Library Articles

Top 10 Employment Discrimination Law Articles in the LegalMatch Law Library

Did you know in some states it is legal to fire someone for being too pretty, and in other states it is illegal to fire someone for being too tall or too short? Whether due to appearance, race, or gender, discrimination happens every day. However, the US government has made it illegal for certain types of discrimination to occur in the workplace.

As a starting point for people who have experienced employment discrimination, the LegalMatch Law Library has compiled a list of the Top 10 Articles on Employment Discrimination Law.

1. Veteran Discrimination Lawyers

Veterans are legally protected from discrimination in the workplace. Federal laws like the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Americans with Disabilities Act (ADA) provide safeguards for service members. This article explains how discrimination against veterans can occur in hiring, promotion, and other employment decisions, and it outlines the remedies available to those whose rights have been violated.

2. What is an EEOC Lawsuit?

The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing laws against workplace discrimination. When an employee files a complaint, the EEOC investigates the claim and may attempt to mediate a solution. If a resolution cannot be reached, the agency may file a lawsuit on behalf of the employee or issue a “right to sue” letter, allowing the individual to pursue a private lawsuit. Read more about your rights in this article.

3. EEOC Right to Sue Letter

Before an individual can file a discrimination lawsuit in federal court, they generally must first file a charge with the EEOC. If the agency closes its investigation without finding a violation or decides not to file a lawsuit itself, it will issue a “Right to Sue” letter. This document is a required step that gives the employee a 90-day window to start their own legal action against the employer.

4. Refusal to Take a Drug Test

While employers generally have the right to implement drug-testing policies, these policies must be non-discriminatory and comply with state laws. An employee can be legally terminated for refusing a mandatory drug test. However, there are exceptions, such as if the testing policy is applied in a discriminatory way or if it violates an employee’s rights under the ADA.

5. Protected Classes Under Anti-Discrimination Laws

Anti-discrimination laws shield individuals from unfair treatment based on their membership in a “protected class.” These legally defined categories include race, gender, religion, national origin, age (40 and over), and disability. This article details these classifications and explains how the law works to ensure equal opportunity in employment.

6. How to Sue for Discrimination

Suing an employer for discrimination involves a specific legal process that begins with filing a charge with the EEOC or a similar state agency. It is important to act quickly, as there are strict deadlines for filing a claim, often 180 days from the discriminatory act. This article provides a guide to the steps involved, from gathering evidence to understanding the potential remedies available.

7. Employment Discrimination Retaliation

It is illegal for an employer to take negative action against an employee for reporting discrimination, filing a charge, or participating in an investigation. This “retaliation” can include being fired, demoted, or subjected to a hostile work environment. An employee who experiences retaliation has grounds for a separate legal claim in addition to their original discrimination complaint. Learn more about employment discrimination retaliation claims in this article.

8. Felon Employment Law

While having a felony conviction is not a federally protected class, employers cannot use criminal records to discriminate in a way that disproportionately affects individuals of a certain race or national origin. The EEOC requires employers to consider the nature of the crime, the time that has passed, and its relevance to the job. Many states have also adopted “ban the box” laws that limit when an employer can ask about an applicant’s criminal history.

9. Pregnancy Discrimination Lawyers

The Pregnancy Discrimination Act (PDA) makes it illegal for an employer to treat an employee or applicant unfavorably because of pregnancy, childbirth, or a related medical condition. This means a woman cannot be fired, demoted, or refused a job because she is pregnant. Pregnant employees are also entitled to the same accommodations that are offered to other employees with temporary disabilities.

10. Muslim Employment Discrimination Lawyers

Title VII of the Civil Rights Act prohibits discrimination based on religion and requires employers to provide reasonable accommodations for an employee’s sincerely held religious beliefs. For Muslim employees, this can include providing a place to pray, allowing flexible break schedules for prayer times, and making exceptions to dress codes for religious attire. This article explores these protections and what constitutes unlawful discrimination.