What is “Employment Discrimination” Under Missouri Law?

  1. EEOC-Employment Law
  2. What is “Employment Discrimination” Under Missouri Law?

Employment discrimination is, unfortunately. a common occurrence in Missouri. Workplace discrimination is often underreported because employees fear negative consequences. However, the only means for resolving employment discrimination is to work with an experienced attorney who can fight for your rights.

Employment Discrimination Under Missouri Law

Most people think of racial or gender discrimination when they think of unfair treatment in the workplace. However, there are various ways discrimination can occur in the workplace. Employment discrimination may be found by any prejudicial treatment of an applicant or employee based on race, religion, gender, sexual orientation, sex, disability, or other protected circumstances.

Some of the most common forms of discrimination in Missouri are based on gender or sex-related claims. As a result, the workplace can be challenging for women or members of the LGBTQ community because they may be mistreated or harassed based on their gender identity or sexual orientation.

Although women have made substantial advances in many industries, there are still certain areas where even if a female is more qualified than a male peer, they still are not treated equally. This may be particularly true if the woman is pregnant. Women are also more susceptible to being victims of sexual harassment.

 

Racial Discrimination

Racial discrimination is not always blatant or overt. While minorities may be denied a job, promotion, training, or fair wages based upon the color of their skin, racial discrimination can also occur in more obscure ways. For example, an offensive remark, slur, or other disparaging treatment in the workplace.

Religious Discrimination

If a job applicant or employee is treated differently due to their religious beliefs, it is religious discrimination in Missouri. This type of discrimination may even occur when the person is treated differently because of their relationship with a family member of a perceived religion.

Retaliatory Discrimination

Retaliatory discrimination is one of the more common types of employment discrimination in Missouri. This type of discrimination is different because it is not directly related to the protected characteristics of the employee. Rather, discrimination occurs because the employer disapproves of actions taken by the employee.

Common examples of retaliatory discrimination occur when an employee files a complaint alleging harassment or discrimination, or the employee becomes a whistleblower regarding misconduct by the employer, and the employer retaliates. Retaliatory actions include reducing the employee’s wages, hours, position, or even termination of employment.

Age Discrimination

Discrimination based on age can occur for older and much younger employees. For example, comments regarding the worker having too much experience or not enough experience can be indicative of age discrimination, particularly if it is given as a reason for refusing to hire, promote, or provide other benefits to the employee.

Discrimination Based on Disability

We are all familiar with laws requiring public places to provide parking and access for the disabled. Similarly, there are laws protecting disabled persons in the workplace, but it doesn’t mean discrimination doesn’t occur. Disability discrimination can occur when the employee is not given healthcare benefits, assigned menial tasks, or not provided training for their position.

Is Termination of Employment Discriminatory?

Firing an employee can be discriminatory, but not always. Every termination is different, and it can be difficult to prove an employee was fired for discriminatory reasons. To prove discrimination, an employee must demonstrate that he was treated differently from other employees based upon protected characteristics. An employment attorney can review the facts of your termination and help determine whether you have a discrimination claim.

Discrimination versus Harassment

The difference between discrimination and harassment may be confusing because harassment is a form of discrimination, and an employee can be the victim of both simultaneously. Discrimination is when employees are treated differently based solely upon protected characteristics. Harassment occurs when one employee is targeted within the workplace and the victim of specific unfair actions.

Contact a Missouri Workplace Discrimination Attorney

The Crone Law Firm is passionate about helping victims of discrimination stop the discriminatory behavior and recover damages for the injuries sustained. If you have been refused employment, passed over for a promotion, unjustly fired, or refused full payment of your earnings and you believe it was because of discrimination, contact us to determine if your rights have been violated. We want to help you work it out. Call us at 901-737-7740 to see how we can help.

Let’s go get some justice! If you’ve been treated unfairly at work and are wondering if you should take action, contact us, and we’ll help you evaluate the merits of your case. Once you know, you can decide what you want to do.

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