Expert Advice When You Need It Most
Posted over 2 years ago. Applies to Washington, 1 helpful vote, 0 comments
1
DiscriminationDiscrimination on the basis of race, gender, disability, age over 40, religion, national origin, sexual orientation (in Washington), marital status (in Washington), parental status (in some local areas), and other bases. There is a limited list, but it is broad. We prove these illegal motives by looking at what people say and what they do. What is it that makes you think they have discriminated against you? 2
Retaliation and WhistleblowingIt is also illegal to retaliate against a person because of their complaints about discrimination or their complaints about other illegal activities. Timing of events, weak reasons for adverse actions, different treatment than individuals who did not complain (and who are otherwise similarly situated), and comments, jokes, or slurs are the most common ways we prove discrimination and retaliation. 3
Contract issuesSome contracts are "sign on the bottom line" type. Read yours carefully if you have one of these. Other contracts can arise from employee handbooks or policy manuals when they contain promises of specific treatment in specific situation and do not contain disclaimers or other circumstances that would make it unreasonable to rely on those promises. If you relied on those promises to take the job, stay in the job, or complain about ethical or legal issues, then the handbook might create a contract. Unions also have contracts called collective bargaining agreements. Usually only the union can enforce a CBA, but often a lawyer can help them. Unions are often unnecessarily worried about being sued for a violation of their duties to you. This is a weak duty, and unless they are discriminating against you for an illegal reason or because of your political activities in the union, you probably should focus on how the union can help, not on how they might be breaking their duties to you. 4
Due process matters for government employeesGovernment can't generally take actions for irrational reasons, and usually have to give you the chance to be heard by an impartial decision maker before depriving you of your property interests in the job. This is a broad area, and if you are losing your job in government, call a local lawyer right away as there are often short time periods for appealing. 5
Disability Accommodation and Leaves of AbsenceThere is an obligation to accommodate disabilities unless it would be an undue burden to do so. This may include a temporary leave of absence. Disability accommodations and leaves of absence issues are complicated and you should probably call a lawyer for a consultation right away. 6
Do not delayYou can miss out on some rights by failing to file a charge of discrimination with a government agency in time. Even if that agency does not find in your favor, you will probably want to file a charge to ensure that you can bring certain claims later. If you fail to file an administrative charge, you probably still can bring a case for up to three years (longer in some rare situations), but it may be riskier or without certain possible elements of damages. Call an attorney right away to get a quick review of your situation. In fact, call a few lawyers who specialize in this area to see what they say, who you like, and what your options are. Good luck with your case, Steve Related Questions3 Attorney answers: 
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