Top-Rated Discrimination Law Firm
The workplace discrimination attorneys at Zuckerman Law are deeply committed to ensuring that our clients are afforded equal opportunity in the workplace. Eric Bachman, Chair of the Firm’s Workplace Discrimination Practice and ADA Lawyer, has dedicated his career to zealous advocacy for victims of discrimination and has obtained substantial wins both in private practice and in senior positions at the U.S. Office of Special Counsel (OSC) and the Department of Justice Civil Rights Division. Bachman’s wins include a $100 million settlement in a disparate impact Title VII class action and a $16 million class action settlement against a major grocery chain.
This page provides an overview of issues that frequently arise in discrimination and retaliation cases and offers 50 short video answers to frequently asked questions about workplace discrimination.
Discrimination cases can be complex and the only way to know if you have a claim is to get advice on your specific situation. To schedule a consultation, contact Eric Bachman at (202) 769-1681.
Frequently Asked Questions About Discrimination and Retaliation
Discrimination
- I think I was discriminated against at work. What should I do now?
- How do I prove Asian-American/ AAPI employment discrimination?
- How do I prove age discrimination at work?
- Are there hiring requirements that apply nationwide or statewide?
- What is a protected class?
- What kinds of workplace discrimination are illegal?
- Is all discrimination unlawful?
- What types of employment actions do anti-discrimination laws cover?
- What is glass ceiling discrimination?
- If a coworker performs the same job as I do, but has worked with the company longer and gets paid more than me, can I sue?
- My boss yells at me for no reason, can I sue for hostile work environment?
- What is a bona fide occupational qualification (BFOQ) defense?
- What is a hostile work environment?
- What discrimination laws apply if I work in Maryland?
- What is pregnancy discrimination?
- What is religious discrimination?
- What should I do if I was a victim of discrimination at work?
- Are executives and law firm partners covered by Title VII’s employment discrimination protections?
- What is the difference between Title VII and Section 1981?
- Can a single, vile slur could create a hostile work environment under Title VII?
- Pay discrimination claims under the Equal Pay Act versus Title VII: what is the difference?
Disability Discrimination
- How do I know if I have a disability under the Americans with Disabilities Act (ADA)?
- What kind of reasonable accommodation must my employer make for my disability?
Retaliation
- What is retaliation?
- What is constructive discharge?
- If I complain about harassment and then am retaliated against, what rights do I have?
- Is an employee protected against retaliation for testifying on behalf of a co-worker?
- What if my employer retaliates against me for filing a discrimination claim?
- Is denial of a transfer away from a biased supervisor an adverse action?
- Is an employee protected against retaliation for participating in an employer’s internal investigation?
- Is a negative performance evaluation an actionable retaliatory action or adverse employment action?
- Is it unlawful to fire an employee for exercising a right to obtain an employee benefit?
Damages or Remedies for Discrimination and Retaliation
- What damages are available in an employment discrimination case?
- What are emotional distress damages and how do I prove them?
- How do courts measure emotional distress damages in employment discrimination cases?
- How does the EEOC measure emotional distress damages?
- Can I recover punitive damages as part of my employment discrimination claim?
- What are back pay damages in employment discrimination cases?
- What is after-acquired evidence in a discrimination case?
Litigating Discrimination Claims
- How do I make a discrimination or harassment complaint?
- What is the Continuing Violation Doctrine and why is it important to my harassment case?
- I have never filed a lawsuit before and am worried about the stress. What should I expect?
- What happens when I file charges against an employer for discrimination?
- If I file a lawsuit, what are the various steps involved before trial?
- How long do I have to file a discrimination claim?
- How do I file a charge of discrimination?
- How do I prove discrimination?
- What do I have to show to prove a prima facie case of employment discrimination?
- How do you prove pretext in an employment discrimination case?
- What do I need to prove to win my employment discrimination case?
- What is the difference between a class action and an individual case?
- Who is a similarly situated employee in an employment discrimination case?
- How do I show I’m the better-qualified candidate in a promotion discrimination / glass ceiling case?
EEOC’s Role in Enforcing Anti-Discrimination Laws
- What does the EEOC do?
- What happens after I file a claim with the EEOC?
- Are there any time limits on when I must file a charge of discrimination?
- How does the EEOC prove discrimination?
- How does the EEOC prove someone is qualified for the job?
Sexual Harassment
- Can an employer be held liable for customer sexual harassment?
- What damages or remedies are available for victims of sexual harassment?
- What is a hostile work environment?
- What is the Continuing Violation Doctrine and why is it important to my harassment case?
- I am considering leaving my job because of the harassment I am suffering. What should I do?
- Can a single incident of harassment suffice to establish liability?
- How do I prove my workplace is a hostile work environment?
- What is quid pro quo harassment?
- What is workplace sexual harassment?
- In a sexual harassment case, does it matter if it is a supervisor versus a co-worker who is harassing me?
- Who is a “supervisor” in sexual harassment cases?
- How can employees combat harassment at work?
- What is the deadline for filing a sex harassment or retaliation claim?
- What type of retaliation is prohibited against an employee who reports unlawful discrimination or harassment?
- Is an employer prohibited from retaliating against an employee because the employee reported harassment?
- What is an employer’s affirmative defense in a sex harassment case?
- What are some of the ways an employee can report/complain about sex harassment?
Guide for Victims of Sexual Harassment
The employment discrimination attorneys at Zuckerman Law recently published a guide that lays out answers to common questions asked by employees who are faced with sexual harassment or retaliation at work.
The guide provides “plain English” answers to common questions about sexual harassment, including:
- Must the harassment come from my supervisor?
- What defenses may my employer use against my sexual harassment claim?
- What is the deadline for filing a sexual harassment complaint?
- How do I prove my workplace is a “hostile work environment”?
- What damages and remedies are available to victims of sexual harassment?
Download our Sexual Harassment Survival Guide for Employees.