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The Legal Recourses For Being Discriminated Against Because You Reported a Workplace Injury
You reported a workplace injury and now, you feel like you are being discriminated against at work because of your report; this is an example of workplace harassment, and workplace harassment is a form of discrimination, which violates Title VII of the Civil Rights Act of 1964 and several other workplace discrimination laws.
Elements of Harassment
According to Title VII of the Civil Rights Act of 1964, a claim of harassment must meet the following cited conditions:
- The complaining party must be a member of a statutorily protected class;
- S/he was subjected to unwelcome verbal or physical conduct related to his or her membership in that protected class;
- The unwelcome conduct complained of was based on his or her membership in that protected class; The unwelcome conduct affected a term or condition of employment and/or had the purpose or effect of unreasonably interfering with his or her work performance and/or creating an intimidating, hostile or offensive work environment.
Statutorily protected classes include race, color, religion, sex, national origin, age, disability, sexual orientation, or retaliation. If you feel that your situation meets the above guidelines, you could have legal recourse.
What are My Options?
There are options to recourse that depend upon the specifics of your situation. For extensive legal counsel, please contact a labor lawyer in your local area.
- One of your options may be filing a civil lawsuit. In this situation, you would be suing the company for retaliation.
- Depending on your situation, you might sue for wrongful dismissal if you were fired.
- You may file for "breach of fiduciary obligation" if they pressured you or otherwise took advantage of your trust.
- Then, there is a possibility of "vicarious liability," which is where discrimination occurred from a co-worker or manager; your employer might still be liable in this case.
A civil suit is one that has no legal ramifications, and it is usually done for financial reasons and seeks financial damages.
If you were hurt at work and reported it, but you now feel you are being discriminated against because of your report, it is advisable that you consult with an attorney immediately to discuss your options. Such cases can become complicated and should be handled by an experienced professional.