Employment Discrimination Lawyers With Experience and Fighting for Justice |
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RETALIATION
The discrimination
laws make it illegal for
an employer to
retaliate against an
employee who
exercises rights
under the federal
employment laws.
Thus, as long as an
employee makes a
reasonable and good
faith allegation of
discrimination, his
employer cannot
retaliate against him.
If the employer does,
this creates an
entirely new violation
of the law.
There is an important
new development
concerning retaliation
against employees.
The Supreme Court's
new decision in
Burlington Northern v.
White, must be read.
Click here.
The discrimination
laws make it illegal for
an employer to
retaliate against an
employee who
exercises rights
under the federal
employment laws.
Thus, as long as an
employee makes a
reasonable and good
faith allegation of
discrimination, his
employer cannot
retaliate against him.
If the employer does,
this creates an
entirely new violation
of the law.
There is an important
new development
concerning retaliation
against employees.
The Supreme Court's
new decision in
Burlington Northern v.
White, must be read.
Click here.
| The State of Kansas also has adopted employment discrimination laws. For the most part, these laws are similar to federal law, but the remedies they provide are not as good. The laws are usually used when an employer does not employ enough employees to be covered by federal law. The important area of Kansas employment law is wrongful discharge, also called wrongful termination. This occurs when an employer discharges a Kansas employee in violation of some law or an important public policy. For example, it is illegal in Kansas to terminate an employee for filing a workers compensation claim or for reporting an OSHA violation. This legal theory can be used to protect Kansas whistle blowers who report their employers for suspected violations of health and safety laws. If you think you have been the victim of a wrongful termination or discharge, you should consult a Kansas employment attorney who represents Kansas employees. |
| Kansas employment law attorney representing Kansas employees in employment disputes concerning race, age and gender discrimination, disability issues, family medical leave (FMLA), civil rights, due process, sexual harassment, wage and hour disputes, wrongful discharge and termination in Kansas City, Johnson County, Overland Park, Topeka, Wichita, and across the state of Kansas. Kansas employees who believe their employment rights have been violated should contact a competent Kansas employment rights attorney who knows federal and Kansas law. |
| Mike Shultz understands federal employment discrimination law and can protect your rights if you have been the victim of discrimination. The federal government has enacted many laws to protect employees. It is important for you to understand what these laws provide. This page explains the most important laws. For more information about employment discrimination and the litigation process, click on legal articles. Title VII of the Civil Rights of 1964: this statute prohibits discrimination in employment based upon race, national origin, religion and gender. It is generally illegal to discriminate in hiring, promotion, termination or any employment benefit based upon these grounds. It is this law that also makes sexual harassment illegal. This issue will be discussed more below. As an employment discrimination attorney, Mike Shultz understands what to do when you believe you have been the victim of employment discrimination. When your rights are violated under Title VII, you must file a charge of discrimination with the Equal Employment Opportunity Commission or the Kansas Human Rights Commission. If you do not file a charge of discrimination on time, you could lose all of your legal rights, including the right to go to court. We believe that it is important to have an experienced Kansas employment discrimination attorney help you with this process. Kansas employees can benefit from Kansas lawyers who know how employment rights are protected in Kansas. If your rights are violated, and you have been the victim of race, gender or religious discrimination, you are entitled to damages and, if you were fired, the right to be reinstated, or the right to be promoted if you were denied promotion. The damages that you are entitled to include your loss of income and compensation for emotional distress, embarrassment and humiliation. However, the amount of these "emotional distress" damages is limited based upon the size of your employer. Age Discrimination in Employment Act: Mike is especially interested in age discrimination law since he is part of that protected age group himself. Like all forms of discrimination, we must put an end to age discrimination. The ADEA prohibits discrimination based upon age. It protects workers who are 40 years of age or older. Kansas law actually protects workers who are 18 or over. Like Title VII, the law prohibits discrimination in hiring, promotion and termination. However, the law appears to be that an employee can only get damages for economic loss under the ADEA and not for emotional distress damages. An employee must file a charge of discrimination with the EEOC or the KHRC in order to enforce his or her rights. After waiting 60 days after filing the charge, the employee can then file a lawsuit in federal court. Click here for important information on recent Supreme Court cases that affect the age discrimination law. Americans With Disabilities Act: The ADA prohibits discrimination in employment against persons who have a disability, which is defined as a physical or mental impairment that significantly limits one or more major life activities. The ADA also requires that employers take action to accommodate employees with disabilities. This can mean providing assistive devices, a reduced schedule or even transfer to another job where the employee can perform the essential functions of the position. As with other laws, an employee who thinks his rights have been violated must file a charge of discrimination with the EEOC or the KHRC. An employee is entitled to receive damages for economic loss and for emotional distress when her rights have been violated. The Family Medical Leave Act: The FMLA provides that qualified employees are entitled to 12 weeks of leave for certain qualifying conditions, including the serious health condition of themselves or a close family member and the birth or adoption of a child. This law is complicated and the courts are only now clarifying some of its provisions. It appears that an employee whose rights are violated can only get damages for his economic loss. |
| Michael M. Shultz A Kansas attorney for Kansas employees 913-385-9955 |