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National Workplace Discrimination Attorneys in Detroit

Championing the Cause of America’s Workers

Fighting Against Age, Race and Gender Discrimination in the Workplace

Age Discrimination

Under the Age Discrimination in Employment Act 29 USC 621 et seq. persons age 40 or over are protected by the act. Replacement by a less qualified, younger person generally leads to an inference that age was a motivating reason for the decision. Where there is a significant age difference replacement by someone even in the protected age group (i.e. 63 replaced by 53 year-old), it may lead to an inference of age discrimination.

Racial Discrimination

Race discrimination in the workplace is prohibited by Title VII of the Civil Rights Act of 1964 42 USC 2000e. All races are protected. The burden of proof in a reverse race case (white employee treated less favorably than minority employee), however, may be higher depending on the jurisdiction you are in. If you have been terminated or denied a position, you should attempt to learn as much about the qualifications of your replacement or the successful candidate as possible. The selection of a less qualified individual who is retained or hired in your place should lead a lawyer to evaluate whether employment discrimination was a factor.

Gender and Sex Discrimination

Gender or sex discrimination is also prohibited by Title VII of the Civil Rights Act of 1964. Both sexes are protected against sex discrimination. Again however, more proof may be required in a case where a female replaces a male. Not surprisingly reverse discrimination against males, like discrimination against females, often takes place when the person enters a job traditionally held by the other sex (e.g. male nurse, female engineer)

For high quality legal representation and responsive client service regarding employee and civil rights, contact the employment law attorneys at Huizenga & Hergt, P.C., today.

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