Discrimination and Hostile Environment
Based on Title VII of the Civil Rights Act of 1964, individuals have the right to be free from employment discrimination based on their race, color, religion, sex, or national origin. Other federal laws have also been passed to establish civil rights for individuals and protect their freedoms in the following ways:
- Guarantee of equal pay for men and women who are working in the same establishment and performing equal work duties [Equal Pay Act of 1963 (EPA)]
- Protection for individuals 40 years of age or older against employment discrimination [Age Discrimination Employment Act of 1967 (ADEA)]
- Prohibition of discrimination based on disability [Title I and Title V of Americans with Disabilities Act of 1990 (ADA)]
- Provision of monetary damages in cases of intentional employment discrimination (Civil Rights Act of 1991)
Numerous states have passed their own laws prohibiting discrimination as well, however, despite the laws and efforts to enforce them, many violations continue, often resulting in hostile environments. A hostile environment consists of one in which comments, jokes or acts relating to an individual’s race, religion, ethnic origin, sex or age interferes with the individual’s work. A hostile environment may also apply to public accommodations when actions or words of a discriminatory nature prove to be intimidating, hostile or offensive.
Being treated less favorably as a result of discrimination may also take on the form of less pay, being passed over for promotions or raises, being told you have less chance of advancing or being promoted, and being given less favorable assignments.
Discrimination laws also extend to recruitment, job advertisements and testing, as areas where individuals have the right not to be discriminated against based on their race, color, religion, national origin, age, disability or sex.
At Drew, Cooper & Anding we have a proven track record in litigating discrimination and hostile environment cases. Some of our verdicts and settlements include:
- $1.3 million result for four young African American clients who were the victims of an extremely racially hostile work environment
- $250,000 jury verdict resulting in a $380,000 settlement for a police officer who was retaliated against for assisting another officer in reporting a sexual harassment complaint
- $500,000 recovery for fourth youths who were racially and sexually abused at a youth camp.
