Nov 16, 2021 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

What Does Discrimination in a Federal Workplace Look Like?

No federal employee should have to deal with discrimination in the workplace. When workplace discrimination occurs at the hands of a supervisor, colleague, or contractor, federal employees can exercise their rights under the law and sue their employer. Yet many employees wonder, What does discrimination in the federal workplace look like? Federal law recognizes two major kinds of discrimination claims: disparate treatment and harassment. In addition, there are a number of personal traits or characteristics that it’s illegal to discriminate against. There are many examples of federal workplace discrimination. Sometimes federal employees experience shockingly overt and blatant discrimination. Other times, the discriminatory treatment is subtle. In this article, we’ll review the major kinds of discrimination claims and protected traits. However, if you think you are experiencing illegal harassment or discrimination in the workplace, you should contact a knowledgeable federal employment attorney right away. Workplace Discrimination Examples Discrimination commonly takes two forms: disparate treatment and harassment. Disparate treatment is when an employee is treated worse than other employees because of a protected characteristic, such as their age, sex, race, or religion. Examples of this kind of workplace discrimination can include any aspect of an employee’s federal employment: The other kind of common workplace discrimination is harassment. Harassment is offensive or unwelcome conduct that you have to endure when working or that is so severe or widespread that it creates a hostile work environment. Examples of this kind of discrimination in the workplace include: These are just a few examples. The truth is that discrimination can take many forms. Keep in mind, however, that petty problems or one mildly offensive joke may not rise to the level of harassment. Characteristics That Are Protected From Illegal Discrimination Several characteristics or “bases” are protected under federal law. To constitute illegal discrimination, an employee must experience disparate treatment or harassment because of one of these characteristics. The characteristics include: The law also prohibits your employer from retaliating against you for filing complaints or speaking up against discrimination. Discrimination that isn’t based on one of these protected traits might be annoying or improper, but it’s probably not illegal. For example, it isn’t illegal for your co-worker to dislike you because you support a different sports team or drink coffee instead of tea. Want to Learn More About Discrimination in the Federal Workplace? We know how damaging and upsetting it is to be the target of discrimination. We also know how isolated employees can feel when they’re experiencing discrimination. If you’re experiencing workplace discrimination, remember that you have rights. Here at the Law Office of Aaron D. Wersing, PLLC, we specialize in defending federal employees from all forms of discrimination. Our firm has many years of experience protecting employees, putting discriminatory federal employers in check, and ensuring our clients receive the compensation they deserve. Together, we can work to ensure that you receive a fair and nondiscriminatory work environment. We can also aggressively fight to obtain just compensation for your losses. Even if you aren’t sure whether you need an attorney or are facing discrimination, contact us today. Don’t wait. Give us a call today at (833) 833-3529.

Aug 25, 2021 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

Federal Hostile Work Environment–What to Know

Discrimination in the workplace is illegal under federal law. In some cases, it is clear your employer is discriminating against you. However, that is not always the case. According to the Equal Employment Opportunity Commission (EEOC), discrimination is grossly underreported. In fact, the EEOC reports that three out of four employees who experience harassment on the job don’t do anything about it. While several factors contribute to this, one reason why employees don’t report discrimination is that they aren’t able to identify it. A hostile work environment is when the hostile actions of a fellow employee or manager objectively create an intimidating or threatening work environment. If you believe you are experiencing discrimination at the workplace, reach out to the Law Office of Aaron D. Wersing, PLLC. Attorney Wersing is a federal hostile work environment attorney with extensive experience handling all types of employment discrimination matters. He has successfully represented countless clients in hostile work environment claims, helping them stop illegal discrimination in the workplace. What Makes a Hostile Work Environment? Under federal law, discrimination is illegal when it is based upon an employee’s protected trait. A hostile work environment is a type of harassment, which is included in the definition of discrimination. A hostile work environment claim is based on an employer allowing an intimidating environment to exist for one or more employees. Notably, it does not need to be a supervisor or a manager who creates a hostile work environment for an employer to be found liable. Hostile work environment claims can be filed when discrimination is based on any of the following traits: At its core, a hostile work environment claim addresses the unacceptable situation where an employer allows severe or pervasive discrimination to take place on their watch. This “severe and pervasive” language is key, as minor annoyances or petty insults do not generally rise to the level of a hostile work environment. Typically, a one-time insult will not create a hostile work environment. However, if it is severe enough, it may. More often, hostile work environment claims are based on ongoing patterns of behavior. More specifically, the conduct must be such that a reasonable person would consider the conduct intimidating, hostile, or abusive. For example, the following can all contribute to a hostile work environment: If you believe that your employer has allowed a hostile work environment to persist, reach out to a hostile work environment attorney for assistance. When Is an Employer Liable for Allowing a Hostile Work Environment? Hostile work environment claims come in two forms. The first type is when a manager, supervisor, or executive is the harassing party. In these situations, an employer is automatically liable if the harassment results in any negative employment outcome such as termination, lost wages, or a missed promotion. However, even if an employee does not suffer an adverse employment outcome, the employer will still be liable unless they can prove 1.) they tried to stop the harassing conduct, and 2.) the employee “unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.” The second type of hostile work environment claim involves a fellow employee’s harassing conduct. In these situations, it can be a bit harder to establish employer liability. To do so, you must show that the employer knew about the harassment (or should have known about it) and failed to take “prompt and corrective action.” For this reason, if you believe that you are being subjected to a hostile work environment, it is imperative that you register your concern with your employer. Not only will this allow your employer to remedy the situation, but it will also preserve your ability to file a federal hostile work environment claim against them if they fail to take your concerns seriously. Can an Employer Fire You for Reporting a Hostile Work Environment? Absolutely not. Employers are strictly prohibited from retaliating against an employee who reports any type of workplace discrimination, including a hostile work environment. The strength of your case is not important. The mere fact that you raised the claim (even if it later turns out your employer was not liable) protects you from any retaliation. If an employer retaliates against you for bringing a possible hostile work environment to their attention, you should immediately consult with a lawyer for hostile work environment claims. Contact a Federal Hostile Work Environment Lawyer for Immediate Assistance No one should live in fear of getting up and going to work. If your supervisors or colleagues are discriminating against you, you need hostile work environment attorneys who are ready to stand up for your rights. At the Law Office of Aaron D. Wersing, we proudly represent federal employees in all types of employment law disputes, including those involving hostile work environment claims against their federal employing agency. We have extensive experience bringing cases against all federal agencies across the country, and we are prepared to go up against them to preserve your right to a workplace free of hostility and discrimination. To learn more, speak with our federal hostile work environment attorney today, give us a call. You can also reach us through our online contact form.

Sep 30, 2020 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

Federal Sector Failure to Promote and Gender Discrimination in the Workplace

When you ace an interview for a new position, especially if you are well-qualified, it can be confusing to find out that someone else got the promotion. Especially when you learn that the person who got the job was less qualified and had far less experience. Understandably, you want to know why the hiring manager chose that applicant and didn’t promote you instead. If you can’t get a straight answer, the hiring manager may be hiding something. Was the other applicant a different gender? Employers cannot refuse to promote someone because of their gender. If you suspect gender discrimination in the workplace, it’s imperative to speak with an experienced federal employee lawyer today. What Qualifies As Gender Discrimination in the Workplace? Determining what qualifies as gender discrimination can be difficult, which is why it’s crucial to have an attorney on your side. Gender discrimination against women in the workforce is nothing new, unfortunately. Women employed by the federal government continue to be passed over for promotions in favor of less experienced and less qualified men. This practice continues even though Title VII of the Civil Rights Act prohibits failure to promote due to an applicant’s gender. While gender discrimination is not easy to prove, victims do have legal options. There are legitimate reasons someone may not get promoted that don’t qualify as gender discrimination. Possible legitimate reasons for failure to promote include: A lack of required educational qualification; A lack of experience for the position; A failure to meet the minimum qualifications; An inability to commit to the position’s work schedule; Another applicant was more qualified; Poorer performance during an interview; An unfavorable performance review at their current position; and An inability to perform required job duties, even with reasonable allowances and accommodations for a disability. Even if the explanation you received about why you weren’t promoted includes one or more of these legitimate reasons, you may still have a valid gender discrimination case if the given reason was pretext for discriminatory practices. Examples of Gender Discrimination in the Workplace All types of gender discrimination in the workplace are illegal. An employer cannot treat an employee differently because of their gender. If someone is passed over for a promotion or a job because of their gender, they have likely been the victim of gender discrimination. Other examples of gender discrimination in the workplace include: Unequal pay for men and women doing the same job; Different sets of interview questions depending on gender; A positional bias that sees women in stereotypical positions, i.e., secretary, receptionist, and administrative assistant; Sexual harassment; Different dress code depending on gender; Diminished responsibilities for one gender; Different conversation styles depending on gender; and Different termination protocols between genders. Uncovering gender bias is not always easy. It’s even more challenging to eradicate it from the workplace. However, once you start looking closely, you may spot some of these gender biases in your workplace. Proving a causal connection between the failure to promote an employee and gender discrimination can be complicated, but typically possible to accomplish. That is why you need to retain the right federal employee lawyer to represent you. To successfully prove gender discrimination in the workplace, you must show that your gender was a motivating factor for a hiring manager not having promoted you. Something can be a “motivating factor” even if your agency would have taken the same action without a discriminatory motive. One way to prove a causal connection is to identify patterns of discriminatory conduct. Are significantly more women or men passed over for managerial positions? Are there other signs of discriminatory practices? Listen to conversations between other workers or comments made by supervisors. You may hear something that points to different patterns of discrimination. Be sure to hold onto any company documents, emails, or text messages that point to possible bias. Evidence of bias will be important for building a persuasive discrimination case. Consult a Federal Employee Lawyer Today Filing a claim for gender discrimination in the workplace is not easy. That is one reason why hiring an attorney is so essential. Often, if one type of unlawful discrimination occurs in the workplace, others may be present as well. When you retain the skilled federal employee lawyers at the Law Office of Aaron D. Wersing, we will look for other discrimination patterns in addition to the bias you experienced. Speaking out after experiencing gender discrimination firsthand can be scary. Understandably, you may worry whether anyone will believe you, or about what happens after reporting the incident. Retaliation and termination are two legitimate concerns many federal employees have after reporting any discrimination. If you are terminated or experience retaliation after reporting discrimination, that is also illegal. While exposing gender discrimination can be terrifying, it’s crucial to speak up and protect your rights. With laws in place to protect you from gender discrimination in the workplace, you do not have to allow any employer to discriminate against you, especially the federal government. If you believe you experienced gender discrimination or any other type of discrimination in the workplace, contact the Law Office of Aaron D. Wersing or give us a call today at (833) 833-3529 to schedule an initial consultation. Let us help protect your rights and fight for the equal treatment you deserve.