What counts as unfair treatment at work?

WHAT COUNTS AS UNFAIR TREATMENT AT WORK OR EMPLOYMENT DISCRIMINATION?

In your employment, there are two related truths. One is that we all expect to be treated fairly at work. The second is that many people suffer unfair treatment in the American workplace. Some types of unfair treatment like sexual harassment or race discrimination are expressly illegal. Targets of those types of unfair treatment can take legal action to protect themselves. Employees can file claims such as discrimination claims, retaliation claims, or wage and hour claims if their rights are violated. Other types of unfair treatment like nepotism, favoritism, or low-impact bullying are more difficult to address via legal remedies because they are only illegal under certain circumstances.

Unfair treatment can take many forms. It can include illegal harassment and discrimination based on a protected characteristic such as age, disability, pregnancy, gender identity, sexual orientation, race, religion, color, nationality, national origin, or sex. Discriminatory practices based on these characteristics are prohibited by federal law. Discrimination is essentially treating one individual or group differently based on a protected characteristic. Harassment includes physical or psychological behavior that alters the work environment for the target and thereby makes it difficult or uncomfortable at work.

Unfair treatment may include (but is not limited to) the following types of specific behavior:

• denying a training opportunity afforded to other workers;
• withholding information needed to perform one’s job;
• segregating disfavored workers from others;
• spreading lies or rumors about an employee;
• posting negative or personal electronic or social media images or statements about a worker;
• making offensive comments or exposing a colleague to offensive material at work;
• treating one worker or group of workers less well than others in terms of pay, benefits, or privileges;
• terminating workers based on reasons other than performance or conduct, including being wrongfully terminated in violation of employee rights;
• any conduct that makes someone uncomfortable at work;
• unfair treatment that negatively impacts working conditions.

If you are being treated unfairly at work, there are several things you can do to protect yourself. Even if the unfair treatment does not provide a legal cause of action it should not be tolerated. Consider the following:

• document the unfair treatment and save emails, records, text messages, etc.;
• report the unfair treatment to human resources and/or a supervisor early and often;
• take proactive steps to address unfair treatment, such as seeking training or requesting policy changes;
• contact an employment lawyer as soon as you suspect unfair treatment;
• contact the authorities if the activity is illegal such as assault or fraud; and
• contact a medical professional if the treatment is physically, emotionally, or psychologically impactful.

When documenting and reporting unfair treatment, it is important to report misconduct promptly. Laws are in place to protect whistleblowers from retaliation when reporting misconduct or illegal activities in the workplace.

If you have experienced mistreatment at work, seeking legal representation is crucial to ensure your employee rights are protected. Federal law provides important safeguards for employee rights and employees’ rights in the employment relationship. If you believe your rights have been violated, you may have grounds for legal claims.

Employment agreements, or contracts, play a key role in defining the employment relationship and outlining employee rights, responsibilities, and working conditions.

If you need more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150 or email to info@capclaw.com. You can also schedule a consultation with a CT employment lawyer to discuss your situation and legal options.

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