Employment Discrimination

Various federal and state laws protect employees who have been discriminated against on the basis of a number of characteristics. These include sex/gender, age, race, color, national origin, disability, pregnancy, care giving responsibilities, sexual orientation, and political affiliation. Not every workplace hardship rises to the legal definition of discrimination, but these laws do cover a wide variety of actions that an employer might take for unlawful reasons, including failure to hire, failure to promote, failure to protect from ongoing and known harassment by co-workers or supervisors, and termination. The following are some forms of discrimination that are unlawful under state and/or federal law:

  • Gender Discrimination
    Gender discrimination is illegal, and there are federal, state and local laws designed to protect you. These laws prohibit discrimination based on sex with respect to all terms and conditions of their employment, including but not limited to: hiring, compensation, promotion, treatment on the job, termination. They also prevent employers from making employment decisions based on stereotypes or assumptions about the abilities, traits, or performance capability of individual employees based on gender. Federal, state, and local laws also prohibit retaliation against employees who oppose sex discrimination.

  • Race Discrimination
    Federal, state and local laws prohibit an employer from discriminating against an employee based on race. These laws protect employees from being treated less favorably, receiving fewer job or promotional opportunities, termination and more—including allowing an employee to be subjected to severe or pervasive harassment—based on race.

  • National Origin Discrimination
    Workplace discrimination due to national origin is against the law. The Civil Rights Act of 1964, as well as certain state and local laws, make it illegal for an employer to discriminate against an employee because of his or her national origin. These laws protect employees from being treated less favorably, receiving fewer job or promotional opportunities, termination and more—including allowing an employee to be subjected to severe or pervasive harassment—based on national origin.

  • Age Discrimination
    The Age Discrimination in Employment Act (ADEA) prohibits the mistreatment of workers age 40 and over because of their age. This includes all aspects of employment including hiring, promotions, training, salary, job assignments and termination. Workplace age discrimination also includes harassment based on age that creates a hostile or offensive work environment.

  • Disability Discrimination
    The Americans with Disabilities Act (ADA) and state and local laws prohibit discrimination on the basis of disability in all employment practices. An employer may not discriminate against a qualified individual with a disability because of that employee’s disability, nor may the employer deny the employee a reasonable workplace accommodation that would allow the employee to perform his or her job.

Whistleblower Retaliation

The Minnesota Whistleblower Act (“MWA”) and other state and federal employment statutes prohibit an employer from retaliating against an employee for reporting illegal behavior or asserting legal rights. If you’ve complained to your employer about actual or suspected illegal conduct, been asked to participate in unlawful conduct by your employer, or reported your employer to a federal, state, or local authority or regulatory agency (e.g., police department, OSHA, the EPA), you are a whistleblower and protected under law.

If your employer retaliates against you (e.g., termination, reduction in pay, other disciplinary action, etc.) for blowing the whistle, you may be entitled to damages including lost pay, emotional distress, and punitive damages.

Family and Medical Leave Act (“FMLA”)

The FMLA allows employees to take time off to care for their own health and the health of loved ones without fear of losing their jobs. The FMLA provides up to 12 weeks of job-protected, unpaid leave during any 12-month period for:

  • Care of an employee’s own serious health condition

  • Care of an immediate family member (spouse, child or parent) who has a serious health condition

  • Birth and subsequent care of the employee’s child, including adopted and foster children (i.e. “maternity” and “paternity” leave)

Under the FMLA, employers are prohibited from discriminating against or interfering with an employee who qualifies for FMLA coverage and who has requested or taken family or medical leave.  Prohibited acts include termination, demotion, or denying an employee the same or an equivalent position upon returning from leave.

The FMLA and similar state laws protect most but not all employees.  For protection under the federal FMLA, the employee has to have been on the job for one year  and worked at least 1,250 hours during the year, and the employer has to have at least 50 employees within 75 miles of the employee’s worksite.  Some state and local laws have broader coverage.

Fair Labor Standards Act (“FLSA”)

The primary source of federal wage and hour regulations is the Fair Labor Standards Act ("FLSA").  State law generally supplements aspects of an employer's wage and hour obligations.  Other legislation, such as the Walsh-Healey Act or Davis-Bacon Act may impose special obligations for particular circumstances. If your employer fails to pay you in accordance with the law, fails to pay you for overtime or commissions, or misclassifies you as exempt from overtime requirements, it's important that you speak with an attorney to protect your rights.     

Civil Rights Against the Government

42 U.S.C. § 1983 ("Section 1983") permits an individual to bring a cause of action for a deprivation of constitutional and federal statutory rights by persons acting "under color of state law."  This includes violations of search and seizure, false arrest, malicious prosecution, and excessive force.  While most police officers act professionally and exercise their duties in accordance with the law, the failure to do so can render the officer and the department liable for such failure.  If you believe that you've been treated unfairly by law enforcement or others acting under authority of the state, you should contact an attorney to discuss your situation.