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Silver Spring Maryland Employment Discrimination Blog

Subtle gender discrimination in the workplace

Although there are many laws in place with a goal to prevent discrimination in the workplace in the United States, the sad fact is that gender discrimination still occurs, both in subtle and nonsubtle ways. Sometimes, it is acts of microaggressions that create a negative atmosphere in the workplace, and these are what need to be challenged from a legal perspective if real change is to be made.

Many people that are recipients of microaggressions and subtle acts of discrimination in the workplace may not want to take action for fear of being perceived as overreacting. However, the law provides protection from the more subtle types of gender discrimination, and it is important that victims feel empowered to stand up for their rights in this regard.

Protecting yourself after making a complaint

Each year, many people take the initiative to make complaints against their employer. This could be for many reasons; perhaps they have witnessed their employer engaging in fraudulent activities, or maybe they believe that their working environment is unsafe.

Whatever the reason is for the complaint, the employee who raised the complaint is then legally known as a whistleblower. This means that they are legally protected from any retaliation that may occur in the aftermath of the complaint. It is very common for an employer to take negative action against whistleblowers, perhaps by firing them or demoting them. However, this type of behavior is unlawful in most situations. Here are some ways that you can work to protect yourself as a whistleblower:

Your salary rights in Maryland

As an employee in Maryland, it is important to understand your legal rights when it comes to getting paid. Maryland is a hard-working state, and all workers should be paid fairly and on time.

Employers in Maryland must abide by strict minimum wage and overtime laws, as well as legal payday requirements. If employees believe that they have been not paid fairly or in accordance with state and federal laws, it is important that they consider taking action and standing up for their rights.

What federal law says about discrimination

It is common knowledge that discrimination is illegal in the workplace. However, many workers remain confused in regard to what this means, as well as whether they have in fact been a victim to discrimination.

Discrimination can take many forms, and this is why it can be difficult to define. However, the word itself is derived from the term "to distinguish." Therefore, the general meaning of discrimination is to treat a person differently from others based on an unfair reason. It is always better when all workers are treated equally and fairly by their employers.

What does disparate impact discrimination mean?

There are many protections in place to makes sure that people have the right not to be discriminated against at work. This means that if it can be proven that a person was treated negatively in the working environment because of his or her age, race, gender, disability, nationality, religion, marital status or pregnancy, he or she is automatically protected and can file a discrimination claim.

In situations where direct discrimination is present, it can be quite easy to file a claim. Say, for example, a manager is completely intolerant of his or her employee's religion to the point where he or she makes criticisms, denies a worker the reasonable arrangements to allow him or her to pray, and even demotes or fires him or her. In a situation like this, it is quite obvious that the manager is guilty of religious discrimination.

Medical cannabis may not be protected

With rare exceptions, employees cannot be terminated because of a medical condition or the medicines that they take for it. Employers are required to make “reasonable accommodation” under the Americans with Disabilities Act (ADA) for such situations.

One exception is the use of medicinal cannabis. Though it is now legal under Maryland law, there is no accompanying law protecting workers who are using it. There have been no court cases to assert workers’ rights. It is also still illegal under federal law. For those reasons, a worker who fails a drug test may not have rights even with a valid certification.

Am I eligible for overtime pay in Maryland?

It can be very frustrating and disheartening to feel as though you are not getting the pay or the work that you believe you are entitled to at your job. However, when you feel that you are being treated unfairly, it is important that you learn about your rights and take action accordingly.

In the state of Maryland, there are many protections in place for those who are subject to poor treatment in regard to overtime. Overtime pay and overtime dissemination is legally regulated.

Taking action after a wrongful termination

When you have been fired from your job and you believe that you were fired wrongfully, it can be a frustrating and anger-inducing experience. It is important, however, to make sure that you keep calm and take logical action for the sake of your future.

You should first of all take your time to consider the reasons why you believe that you were wrongfully terminated. If you are to have a successful claim against your employer for wrongful termination, you must be able to identify the reasons in a coherent way. There are four main situations when a person could be wrongfully terminated from his or her job.

Was I a victim of religious discrimination?

Diversity in the workplace is a very important issue, because everyone should have the right to feel safe and respected at work. Everyone also has the right not to be treated negatively because of the discriminatory views of their co-workers or employer.

This protection from discrimination extends to many different areas, including gender, sexual orientation and religion. There are many protections in place for those who want to wear religious dress in the workplace, and those who require certain accommodations made in order to engage in their daily religious practices.

Appeals court: sexual orientation discrimination is illegal

The 2nd U.S. Circuit of Appeals has weighed in on the issue of employment discrimination on the basis of sexual orientation. The court ruled 10-3 that such discrimination violates the Civil Rights Act of 1964.

The case centered on a New York skydiving instructor who was fired after disclosing that he was gay. This was the second federal appeals court to conclude that sexual orientation discrimination is a form of sex discrimination, setting up a possible appeal to the U.S. Supreme Court.

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