Experiencing bad treatment and discrimination from your employer look and feel similar. However, being badly treated by your employer is not unlawful, while being discriminated against by your employer is. What separates the two is the character trait being targeted. If your employer does not like your personality, it might not be unlawful for them to treat you poorly. Workers are protected from discrimination based on the following characteristics:
RACE / NATIONAL ORIGIN / ETHNICITY (including accents)
GENDER / SEX / SEXUAL ORIENTATION / SEXUAL HARASSMENT / PREGNANCY
RELIGION OR CREED
It is also unlawful for your employer to make negative employment decisions, such as firing or demoting you, for some actions. Often, we call such negative employment decisions "Retaliation." You are protected from from retaliation based on the following actions:
USING AUTHORIZED FAMILY MEDICAL LEAVE ACT (FMLA) LEAVE
REQUESTING A REASONABLE ACCOMMODATION FOR YOUR DISABILITY / SERIOUS MEDICAL CONDITION
REPORTING DISCRIMINATION BASED ON THE CHARACTERISTICS LISTED ABOVE
REPORTING WORKPLACE ISSUES THAT THREATEN PUBLIC SAFETY ("WHISTLEBLOWER")
REFUSING TO COMMIT A CRIME DURING THE COURSE OF YOUR EMPLOYMENT
A case of discrimination or retaliation can fail or succeed with the statements of innocent bystanders in the work group. If any colleagues have overheard and will report a supervisor's unusual attitude about a protected characteristic; badmouthing workers with protected characteristics in general; or using stereotypes about protected stereotypes in general, then Mike believes the case can be proven.
The work environment can be tested by asking colleagues if they heard the supervisor's bad acts as listed above and making a record of the facts. We recommend filling out the questionnaire below first, which will assist us in making a record of the facts.