At the Law Offices of Nolan Klein, P.A., we aggressively defend employers against Title VII lawsuits alleging discrimination of the basis of gender, race, color, national origin, or religion.
Title VII generally applies to all employers having 15 or more employees, and protects against workplace discrimination based on an employee’s protected class status. The law allows employees to bring legal action against employers for discriminatory conduct in the workplace.
In order to demonstrate a hostile work environment, the claimant must show that he/she was treated worse than other employees on the basis of his/her protected class. The touchstone of discrimination under Title VII is that the discrimination must occur because of plaintiff’s protected characteristic, such as:
The claimant must be able to prove that he/she suffered a hostile work environment because of a protected status, and not because of any other factor. This causal factor is critical to liability on the part of any employer, because without it, the claimant cannot establish any case.
In cases where a claimant can show disparate treatment on the basis of protected status alone, he/she must also prove that the defendant’s workplace is permeated with discriminatory intimidation, ridicule, and insult, which is sufficiently severe or pervasive to alter the conditions of the employment, and create an abusive working environment.
What Must Be Proven?
This standard is both objective and subjective. The alleged misconduct must be proven to be objectively “severe or pervasive enough to create an objectively hostile or abusive work environment,” and after that, the employee must prove that he/she also subjectively perceived the work environment to be such.
The law prohibits employers from actually discriminating against an employee because of that employee’s gender, race, religion, color, or national origin. Under Title VII, the proper inquiry for a court to make regarding purported discrimination is the relative harm caused to the individualized plaintiff, and not to generic groups within the workplace.
We aggressively defend employers in Title VII actions filed by current and former employees.
Please feel free to contact us to learn more about our litigation services.