Firm Updates

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 types of characteristics are protected from discrimination?

In order to make the law simpler and more enforceable, certain characteristics have been established as protected from discrimination. There must be a underlying reason for why you believe that you were discriminated against. One of these reasons must be nationality, gender, marital status, pregnancy, age, disability, sexual orientation, race, religion, ethnicity or color. Therefore, if you were discriminated against because you practice a certain faith, are pregnant or are African American, for example, this always counts as unlawful discrimination.

In what places am I protected from discrimination according to federal law?

The main emphasis on anti-discrimination is in the workplace. This is because the ability to have a job and earn a living without facing discrimination is extremely important. Other places where such behavior is enforced is in education, health care, government services, transportation and housing, to name a few.

If you believe that you have become victim to discrimination, it is important to take action immediately.

There are federal laws that protect employees of federal agencies and those applying to work at them from discrimination. That means federal employers can’t discriminate based on race, religion, national origin, age, disability, sex, and other protected bases. It is also against the law to retaliate against you if you file a discrimination complaint or refuse to go along with discrimination against a fellow employee.

If you work at a federal job or applied for one, it is your right to file a complaint if you believe you are a victim of discrimination. The first person you will need speak with is an EEO counselor for the federal agency in question. You must do so within 45 days from the date of discrimination. Typically, the counselor will offer you the chance to take part in EEO counseling or a program designed to resolve the dispute, such as mediation or another form of alternative dispute resolution.

If you don’t resolve the dispute, you have a limited number of days to file a formal complaint with the EEO office. Once you file the complaint, the agency will determine whether it meets certain specifications. It could be dismissed, for instance, for being filed past the deadline.

If the complaint is accepted, the agency will investigate your complaint. It has 180 days to do so. Once that process is complete, the agency will give you the choice of requesting a hearing before an administrative judge or asking the agency to review the file to see whether discrimination took place. If you disagree with the decision, you have the right to appeal to the EEOC or challenge it in federal court — at which point the process can get even more complex.

The EEOC process can be lengthy and cumbersome. If you think you have a claim of discrimination, you should consider consulting with an attorney familiar with federal employment law. 

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.

What is the legally required pay for overtime in Maryland?

When an employee works over 40 hours in a given week, the additional hours worked count as overtime hours. This means that, in most cases, employees must be paid 150 percent of their regular hourly rate.

However, there are exceptions to this. Notably, bowling alley workers and caregivers in nursing homes or caregivers of disabled people are only able to claim overtime pay if they have worked more than 48 hours in a given working week.

In addition, food service employees, movie theater employees, amusement park employees, hotel employees, food manufacturing employees and gas station employees are not protected by the state overtime law. Their employers are still subject to federal laws, however.

What happens if I am not protected by state laws?

If you are not protected by state laws, you are still protected by federal laws, which usually means that you will still be eligible for 150 percent of normal pay after you have worked 40 hours.

It is important to understand your overtime rights as a worker in Maryland. Make sure to conduct thorough research and take action when appropriate.

You’re able to apply for federal disability retirement while still employed and up to one year after you’ve stopped working for the federal government. Here’s some questions and answers about disability retirement basics.

What are the basic qualifications for Federal Employees Retirement System (FERS) disability benefits?

• At least 18 months of federal service as a civilian or postal employee
• Inability to perform “useful and efficient service” in your current job because of a physical or mental disability
• Expectation of your disability to last at least 12 months
• Inability of your federal agency to reassign you at your same grade or pay level of your present position

How much can I get in FERS disability benefits?

It all depends. The older you are and the more federal employment service you have, the more you stand to receive. Some of the earning considerations include:

• The average of your highest paying three years of federal service
• If you’re over 62 or eligible for voluntary retirement, you’ll get approximately one percent of your three year average for each year of federal service
• If you also qualify for Social Security Disability (SSDI), the amount you receive from FERS disability will be reduced by the amount of your benefit for the first year, then by 60 percent every year after that.

Does my employer have to do anything so I can qualify?

Yes, they will have to provide proof that they have attempted to accommodate your disability in the workplace

Can I work while receiving disability retirement?

Yes, you can, as long as you work in the private sector and don’t earn more than 80 percent of your federal salary.

After I get approved for FERS disability benefits, do I have to do anything else?

Yes. Upon approval for FERS disability benefits, you’re required to apply for SSDI benefits. Also, the Office of Personnel Management may require treatment and level of disability updates for you to retain your benefit eligibility. Due to the complexities in applying for FERS disability retirement and the need for proper filing for your case to go forward, you may need to consult with legal counsel to make sure you get the compensation that’s due to you.

The United States Equal Employment Opportunity Commission (EEOC) is in place to create and enforce protections for employees. One of the standards in place is the protection of employees from retaliation from their employer. This means that in many circumstances, it is illegal for an employer to retaliate against their employee.

These circumstances can vary greatly, and the protections depend on certain criteria being present in order the for them to be valid. Therefore, it is important to understand the details of the law when it comes to employer protection and apply it to your specific situation.

When is it unlawful for an employer to retaliate?

If an employee is witness to or involved in an EEOC investigation or charge, then they automatically have immunity from any retaliation from their employer.

This is also true when it comes to any type of discrimination. If an employee makes a report of any kind of discrimination of harassment taking place, or if they have resisted harassment or intervened with harassment on behalf of another person, they are also protected from retaliation.

In the same light, an employee is also protected from retaliation if they have recently made a request for alterations to their working routine or environment based on their religious requirements or disability.

Employees also reserve the right to inquire about the salaries of managers or fellow employees without fearing that they will face retaliation as a result.

If you believe that you have been wrongfully retaliated against at work, then it is important to try and identify why you believe the retaliation was illegal before taking action.

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.

How am I legally protected from gender discrimination?

There are many protections in place in the state of Maryland when it comes to gender discrimination. This may be in very obvious ways, such as refusing to hire women or men for a certain position. A more subtle example of gender discrimination could be demanding that women wear certain attire to work while not requesting the same as men, or routinely promoting a certain gender at work while not promoting equally qualified employees of another gender. Being able to show a clear pattern in the gender pay gap can also be a reason to take legal action against gender discrimination.

If you believe that you have been a victim of gender discrimination in the state of Maryland, it is important to understand how the law applies to your particular situation.