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Workplace Discrimination โ€“ Discrimination in the Workplace

Discrimination is treating someone unfavorably because of a personal characteristic protected by law.

It is illegal for an employer to harass, fire, or discriminate against an employee for a personal characteristic that they have. Workplace discrimination occurs when a person is discriminated against due to many factors. Harassment is a form of discrimination.

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If you have been discriminated against, fired, or harassed at work for the following reasons, contact the Law Office of James M. Hoffmann. Attorney James M. Hoffmann has spent most of his more than 20-year legal career protecting the rights of injured workers.

Types of Discrimination in the Workplace

A person can be discriminated against for a wide variety of reasons. Employment discrimination occurs when an employee is treated unfavorably because of their race, gender, skin color, religion, disability, or age.

Some of the common types of discrimination include:

  • Harassed by an employer for filing a work comp claim
  • Fired because a work comp claim was filed
  • Harassed for having a disability
  • An injured employee being mistreated by an employer
  • Older employees are fired so that younger employees can be hired for less pay
  • Denying certain employees compensation or benefits
  • Discriminating when assigning disability leave
  • Employer retaliation for filing a work injury claim

If you have been harassed, mistreated, or fired for any of these reasons, call our firm to discuss your legal options.

Harassed for Filing Work Comp Claim

If you have been injured on the job and have filed a workersโ€™ compensation claim, your employer cannot harass or otherwise treat you improperly. If you are being harassed by your employer, you may be able to file a lawsuit against him or her. This compensates you for the mistreatment you have suffered due to your actions and holds the company accountable for trying to dissuade employees from using the workersโ€™ compensation system.

Some of the different types of harassment an employee may face include but are not limited to:

  • Inappropriate comments or jokes
  • Personal humiliation
  • Critical remarks
  • Intimidation tactics
  • Physical harassment โ€“ direct threats of intent to inflict harm
  • Excessive demands that are impossible to meet
  • Demands far below the employeeโ€™s capability
  • Discrediting or spreading rumors about the victim
  • Cyberbullying

Fired for Filing a Workers Comp Claim

You may be worried about filing a workersโ€™ compensation claim if you were hurt at work. Employers are not usually thrilled to learn about a work injury claim because it may raise their insurance rates or it may point out an oversight on their part. While every state prohibits employers from retaliating against an employee who has filed a claim, it continues to happen often.

In Missouri, it is illegal for an employer to fire an employee for filing an injury claim. Employees would likely be too afraid to exercise their rights without this protection. However, filing a claim doesnโ€™t give a person unlimited job security. If an employer has a legitimate reason to fire that employee, it can legally terminate the personโ€™s employment.

You may be eligible for additional compensation if you have been fired due to retaliation for filing a workersโ€™ comp claim.

Older Employee Fired so Younger Employee Can be Hired for Less Pay.

If an older employee is fired so that a younger person can be hired, this is considered age discrimination. It can be difficult to determine whether an employerโ€™s actions were motivated by age discrimination or a genuine belief that the younger person is better qualified. Extensive complaint and fact-finding procedures help a person determine whether or not they are a victim of age discrimination.

Workers who are 40 years of age or older are protected by the ADEA (The Age Discrimination in Employment Act of 1967) from employment discrimination based on age if the employer regularly employs 20 or more employees.

St. Louis Workplace Discrimination Lawyer

If you are the victim of workplace discrimination by your employer due to filing a workersโ€™ compensation claim, call the Law Office of James M. Hoffmann at (314) 361-4300 or fill out our online contact form.

When we take your case, we prioritize recovering benefits. We put decades of experience, a proven record of success, and a client-focused approach behind your workersโ€™ compensation case. Our Missouri Workersโ€™ Compensation Attorneys can provide the necessary information to make the right choices to receive the best medical care, benefits, and income.

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