Unfortunately, in today’s business world, layoffs are a reality. However, all layoffs are not conducted fairly. If you feel you were laid off unfairly due to protected characteristics such as race, gender, age, disability, or religion, you may be able to file a claim against your employer for discrimination.
What are Discriminatory Layoffs
Discriminatory layoffs are layoffs that target employees based on protected characteristics such as race, gender, age, disability, religion, and national origin. It’s illegal for your employer to use characteristics like this when considering what employees to layoff.
Standard layoffs are layoffs that occur due to legitimate business reasons such as financial difficulties or downsizing. Most layoffs are standard layoffs. But discriminatory layoffs do happen. If you were the victim of a discriminatory layoff, you may be eligible for damages.
Laws that Protect Againist Discriminatory Layoffs
There are Federal and state laws that protect workers from discriminatory layoffs. Federal laws that prohibit any kind of discriminatory layoffs based on factors like race, gender, orientation, pregnancy, or religion are:
- Title VII of the Civil Rights Act
- Age Discrimination in Employment Act
- Americans With Disabilities Act
- Family Medical Leave Act
- Pregnancy Protection Act
If your employer targets you for a layoff for any protected reason, you have the right to file a claim with the EEOC against that employer.
Common Forms of Discriminatory Layoffs
Often, people doubt whether or not the layoff they experienced is discriminatory or not. But if your gut says that you were targeted because of a protected reason, you probably were. The most common forms of discriminatory layoffs are due to:
- Racial and Ethnic Discrimination
- Gender Discrimination
- Age Discrimination
- Disability Discrimination
- Other Protected Characteristics
Proving Discriminatory Layoffs
When you file a claim against your employer because of a discriminatory layoff, you will have to prove that:
- There was a pattern of certain groups based on race, gender, and age being laid off
- The official criteria for layoffs were non-existent, vague, or discriminatory
- Timing of the layoff interfered with protected rights, such as being laid off during a pregnancy or while on FMLA leave
You will also need to gather as much evidence as you can to prove that the layoff was discriminatory. You will need evidence like:
- Witness statements
- Statistical data
- Comparative evidence showing a pattern of discrimination
Once you have gathered as much evidence as you can, you are almost ready to file a complaint with the EEOC. But you should speak with an attorney who specializes in employment rights first.
Importance of Legal Guidance
Getting legal advice from an employment rights attorney is strongly recommended because a lawyer can:
- Help gather evidence and build your case
- Create a legal strategy tailored to your case
- Make sure you meet all deadlines and comply with all court rules
- Negotiate on your behalf
You can speak with an employment lawyer without paying anything out of pocket to get advice on your specific situation. Fill out the Free Case Evaluation to get connected with an independent attorney who subscribes to the website and may be able to help you with your case.
