Types of Workplace Discrimination in Virginia
Workplace discrimination can be quite a stressful matter to deal with. Knowing the different types of workplace discrimination in Virginia is imperative to protecting your rights. Our compassionate workplace discrimination attorneys at the Spiggle Law Firm could build your case and works towards getting the most favorable outcome. Speak with a qualified workplace discrimination lawyer today and know that you are in capable hands.
Difference Between Workplace Harassment and Workplace Discrimination
The difference between workplace harassment and workplace discrimination is that workplace harassment is a broader category that might involve illegal harassment. Illegal harassment must be on the basis of a protected category.
You could be harassed because of your gender, ethnicity, or disability, which is different than discrimination. Harassment entails some action that is usually repeated and may become more aggressive towards the person based on their disability. Though closely linked, there are small subtleties that differentiate the two. Discrimination is generally a deliberate action or inaction towards people in protected categories, while
Specific Kinds of Workplace Discrimination
All types of discrimination and harassment are illegal. You can file in state and federal court to vindicate your rights, and hear your case before a jury. Some common types of discrimination and harassment in the workplace are:
- Discrimination because of pregnancy
- Sexual harassment
- Retaliation for reporting a wrongdoing
Retaliation in Workplace Discrimination Cases
Under most federal anti-discrimination laws, it is not only illegal to discriminate against somebody in a protected class, it is also illegal to retaliate against them if they complain about that discrimination. If a co-worker sees somebody being sexually harassed and reports it to HR and they are fired, they have a case for retaliation even though they were not sexually harassed.
The law does not consider that claim any more serious than the underlying claim of discrimination. Retaliation is often easier to prove because there is usually evidence of the act of retaliation. To prove this as one of the types of workplace discrimination in Virginia, you must first prove intent.
Retaliation is an easy way to prove this because it provides a timeline of events. For example, say you complain in an email, HR got the email, and three weeks later you are fired. That would be considered grounds for discrimination. Our seasoned workplace discrimination attorneys may know the best way to use this in your favor for your case.
When Does Workplace Discrimination Become Grounds for Charges in Criminal Court?
Only a limited number of workplace discrimination incidents may be considered grounds for charges in criminal court. Unwanted touching is an example of an incident that could be considered assault and battery, while also overlapping with sexual harassment.
Sexual harassment can be experienced by anyone and if considered assault and battery, can be taken to both civil and criminal court. The accused could be subject to arrest and prosecution from filing those charges. It is important to seek legal action in the face of all types of workplace discrimination in Virginia. Our accomplished employment law attorneys at The Spiggle Law Firm could help to assess your claim by using our case calculator and help you to get what you deserve.