We live in a world where, unfortunately, it is commonplace for employees to suffer from an illegal act that happens while at work. And, if this serious issue is not addressed, employers may dismiss it and continue to get away with it – unless an employee takes action through a lawsuit.
If you feel you have been the victim of an injury, harassment, or discrimination while on the job, your rights have been sabotaged. You can consult an employment attorney to take legal action against the business.
Here are several of the most common lawsuits filed against businesses.
Why Discrimination is one of the Most Common Business Lawsuits
Discrimination is defined as any bias against an employee based on race, gender, religion, age, and more.
Because American workers are protected by federal law against discrimination, it makes it one of the most common lawsuits filed against businesses. (State and federal laws protect job applicants, along with employees.) A few of those federal laws include:
- Title VII of the Civil Rights Act, prohibiting discrimination based on sex, race, religion, and more.
- Pregnancy Discrimination Act, protecting a female employee who is pregnant.
- Title I of Americans with Disabilities Act (ADA), banning discrimination against employees who are qualified for the job and have a disability.
Despite this wall of protection, which includes even more layers than the above, a study released by the Equal Employment Opportunity Commission (EEOC) reveals that 34.7 percent of all employment lawsuits were filed because of racial discrimination, more than 30 percent for disability discrimination, and nearly 30 percent from sex discrimination.
Finally, it is important for employees and employers to understand that there are two sub-categories of discrimination as well:
- Harassment, when there is unwelcome conduct based on discrimination and the employee reports it, but no action is taken. More than 12,500 sexual harassment cases, for example, were filed in 2015.
- Retaliation or wrongful termination, which means an employer fires, demotes, or harasses an employee who has filed a discrimination lawsuit.
What is a Wage Law Violation?
The federal minimum wage is set by the Federal Labor Standards Act (FLSA). Wage and hour laws are mandated on the federal, state, or local levels. Basically, if those laws are violated, employees can file a lawsuit against the employer and business.
Lawsuits usually involve employees who claim they were being paid less than minimum wage or hourly (or nonexempt) employees who claim they were refused to be paid overtime.
What are the Two Types of Tort Violations?
Lawsuits based on a tort violation are based on an employee’s civil rights. There are two types:
- Negligence, or unintentional, torts: These violations fail to protect workers and cause an accident that injures or harms someone, or damages property on the job.
- Intentional torts: These violations are intentional deceits for another person’s financial gain, such as fraud, false arrest, or wrongful eviction.
If You are Filing a Lawsuit Against a Business in Phoenix
We know this is a difficult predicament to find yourself in with an employer.
Our team of attorneys experienced in the practices of harassment and discrimination is available in Phoenix to discuss your case and walk with you every step of the way to fight for your rights that have been violated.