Tennessee Sexual Harassment Trial Lawyers
we produce successful results in the courtroom
Federal laws prohibit discrimination because of one’s age, race, gender, religion, national origin, a protected disability, the disability of a spouse or a child, use of FMLA, due to the use of medical benefits, due to military service, due to jury service, and due to other protected reasons. Most state laws prohibit some or all of these forms of discrimination.
There are many ways of proving discrimination, and if you believe you have been discriminated against in connection with the termination of your employment, please let us evaluate your case. It is rare that an employer will make a statement indicating a discriminatory intent during a termination (i.e. “I’m firing you because I want someone younger”, although this does happen), but often times remarks indicating a bias or discriminatory intent are made in the days leading up to a termination. These statements can help prove a discriminatory motive. Also, circumstantial evidence can help prove a discriminatory intent such as, in an age case, firing older employees while hiring younger employees, or treating older employees differently (more harshly) than younger employees.
A person’s age, race, or sex, however does not need to be the only reason to make an adverse action, such as termination, illegal. Age, race, or sex merely has to be a factor that made a difference in the employment decision. In other words, even if there are other nondiscriminatory reasons for the employer’s actions, an adverse action is illegal if a person’s age, race, or sex was a factor that made a difference.
In discrimination cases, it is often necessary to able to prove the employer’s stated “nondiscriminatory” reason for an adverse employment action is a pretext or is trumped up. Demonstrating that the employer’s explanation is not worthy of belief may show pretext. To meet this burden, the employment attorney must have obtained the relevant documents and have the ability to cross-examine witnesses effectively in order to show the reason stated for termination is trumped up and not the real reason. In our view, the ability and desire to do so in a wrongful discharge case or a discrimination case is an art, and it is our passion. Often, it is during this process where cases are won and lost.
Knoxville Sexual harassment Attorneys
we are dedicated to defending employees’ rights
We often receive calls from women who could have made a complaint to the company but did not do so and quit their jobs in disgust. Unless the company knew about the situation or the perpetrator is a high level executive or owner, an employee’s failure to make a complaint may absolve the company of legal responsibility. This is one reason why experienced legal advice is so important in these types of cases.
There are different types of sexual harassment, and your response to each type should be measured to best protect yourself and your legal rights. One type of harassment is called quid pro quo, which literally means “this for that”. This type of harassment occurs when a supervisory person requests or demands sexual favors in return for a promotion, a pay increase, continued employment, or some other tangible employment benefit. Some females are fired when they refuse to give in to such demands, and of course, this is illegal.
Another form of harassment is a sexually hostile work environment. Most often, this occurs when coworkers engage in conduct of an overt sexual nature that is offensive and interferes with your ability to do your job. Sometimes this occurs when a woman is placed in an organization, department, or job which has traditionally been dominated by males. It can also occur when an employee or employees simply derive sexual pleasure or a sense of power by making women feel uncomfortable.
If you make a complaint of sexual harassment properly, it is against the law for your employer to retaliate against you. Retaliation may be subtle, or it may be very dramatic such as a demotion or loss of employment. These actions are against the law and if you have sought prior legal advice, your chances of obtaining legal vindication are greatly enhanced. The bottom line is to obtain legal advice from an experienced employment lawyer as soon as you find yourself in a situation that potentially involves sexual harassment. If you fear to obtain legal advice because you believe it would be futile, because there were no witnesses, and it is “his word against mine,” legal vindication may still be possible.
IN NEED OF LEGAL REPRESENTATION from a skilled Employment lawyer located in knoxville tennessee?
The Knoxville discrimination law attorneys at The Burkhalter Law Firm will evaluate whether you have a valid case under the relevant laws and regulations. The case evaluation is free. If the attorneys agree to represent you in such a case, then you do not owe any attorneys fee if there no recovery.