EMPLOYMENT LAW

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SEXUAL HARASSMENT

Has your boss or manager made unwelcomed sexual remarks to you?  Has a co-worker touched you in an inappropriate manner?  Have you been subjected to frequent inappropriate jokes and stories despite your repeated requests for such language to stop?  Have you been denied a promotion or raise because you refused to flirt with or have a romantic relationship with your manager?  These are examples of sexual harassment, which is prohibited in the workplace under both federal and state law.

Title VII of the federal Civil Rights Act of 1964 (Title VII), 42 U.S.C. §2000e-2, and the Tennessee Human Rights Act (THRA), Tenn. Code Ann. §4-21-401, prohibit sexual harassment in the workplace. These laws also prohibit retaliation for reporting sexual harassment and equally protect both men and women.

For more information about Title VII's protections against sexual harassment, follow this link to the EEOC's website.

Let the law firm of Burnette, Dobson & Pinchak evaluate your discrimination case. Our attorneys have the years of experience and success in both state and federal courts to represent you in your sexual harassment case. Please call (423) 266-2121 for an appointment today.

Discrimination in the workplace can make earning a living a difficult proposition. Our employment discrimination lawyers are dedicated to protecting our clients' rights and exposing unfair practices.

Discrimination in the working world comes in many forms. Many laws are aimed at preventing unfair practices in the workplace. Age discrimination, sex discrimination, disability discrimination, religious discrimination, nation of origin discrimination, and race discrimination are a few common types of unfair employment practices. Many laws are intended to protect people from unfair discrimination, including the ADEA, ADA, FMLA, Title VII of the Civil Rights Act of 1964, and the Tennessee Human Rights Act. The Equal Employment Opportunity Commission (EEOC) works to combat employment discrimination. Our employment attorneys are familiar with the various rules and regulations concerning workplace discrimination and have litigated employment discrimination claims in both state and federal courts at all levels.

There are many statutes of limitations that may affect the viability of a possible claim.  We cannot describe all of them here, but please know that some of them are very, very short.  In many cases it is necessary to take certain steps to preserve a cause of action well within one year.   

For more information about various forms of workplace discrimination, follow the links below.

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Contact us today at (423) 266-2121 to schedule an appointment with one of our experienced employment law and employment discrimination attorneys.

AGE DISCRIMINATION

Have you been discriminated against in the workplace because you are 40 years of age or older? Discrimination on the basis of age takes many forms. The discrimination may be the termination of your employment, a failure to promote, a demotion, a failure to hire, or some other discriminatory action in the terms and conditions of your employment. Perhaps you have been retaliated against for opposing age discrimination. Age discrimination is one of the most common types of discrimination in employment today.

The federal Age Discrimination in Employment Act (ADEA), 29 U.S.C. §621, and the Tennessee Human Rights Act (THRA), Tenn. Code Ann. §4-21-101, protect individuals 40 years of age and older from being fired, denied employment, denied a promotion, demoted, or otherwise discriminated against in the terms and conditions of their employment because of their age. 

For more information about the ADEA, follow this link to the EEOC's website.  If you believe that you are a victim of age discrimination, call (423) 266-2121 to schedule an appointment with one of our qualified lawyers today.

 
 

GENDER DISCRIMINATION

Are you a victim of workplace discrimination simply because you are a man or a woman? Have you been denied a job because the company wanted a male for the job? Has your boss fired you because he wants a pretty, female for the job? As a female, were you denied a promotion because you are not "one of the boys?" Are you paid less because you are female? These are examples of sex/gender discrimination, which is prohibited in the workplace under both federal and state law. 

Sexual harassment is also a type of prohibited workplace discrimination. Sexual harassment takes many forms. Examples vary from unwanted, repeated sexual comments to termination or denial of promotion for refusing a supervisor's sexual advances.  Title VII of the federal Civil Rights Act of 1964 (Title VII), 42 U.S.C. §2000e-2, and the Tennessee Human Rights Act (THRA), Tenn. Code Ann. §4-21-401, prohibit workplace discrimination because of an individual's sex/gender. These laws also prohibit sexual harassment and retaliation for reporting sexual harassment or reporting gender discrimination. Whether you are a man or a woman, these laws protect you from workplace discrimination, harassment, and retaliation because of sex.  For more information about Title VII's protections against sex/gender discrimination, follow this link to the EEOC's website.

Let the law firm of Burnette, Dobson & Pinchak evaluate your discrimination case. Our attorneys have the years of experience and success in both state and federal courts to represent you in your sex or gender discrimination case. Please call (423) 266-2121 for an appointment today.

 

RELIGIOUS DISCRIMINATION

Certain types of discrimination against an employee because of his or her religious views violates Tennessee law (Tenn. Code Ann. §4-21-401) and federal law

(42 U.S.C. §2000e). Religious discrimination cases can be very tricky because of the balancing of rights afforded under the law to both employers and employees.

For example, an employee's faith may not allow him or her to work on Saturdays or Sundays. Under the law, an employee cannot be required to work on a certain day if work on that day is against their honestly-held religious beliefs or church doctrine. On the other hand, the law also may protect workplace policies that prohibit displays of religious materials or symbols or prohibit religious discussions during work hours.

Discrimination that falls under religious discrimination should be discussed with an attorney experienced in discrimination laws. Burnette, Dobson & Pinchak has the experience to advise an employee about his or her rights in the workplace. Please contact us at (423) 266-2121 to schedule an appointment.

 

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WAGE & HOUR

Are you overworked and underpaid? Do you work more than 40 hours a week and not earn extra income for your overtime? Are you paid on a salary, yet have no management or professional job duties? Is your salary docked when you work less than 40 hours a week? Has your employer instructed you to only write down less than all of your worked hours on your time sheets or pay records? Have you been retaliated against because you asked to be paid for your overtime worked?

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, requires that all employees, other than those who fall within very narrow exceptions, be paid at least minimum wage and overtime for all hours worked over 40 in any workweek. It also prohibits employers from taking negative action against employees who ask for overtime pay. The exemptions to this overtime entitlement are very specific and many employers mistakenly believe that if they pay you a salary, they need not pay you overtime. That is not true unless your job involves the performance of a specified list of job duties.

For more information about the FLSA, follow this link to the U.S. Department of Labor's website.

Whether you are paid by the hour or on a salary, allow us to help assess whether you have been improperly denied overtime or unlawfully paid below the federal minimum wage. Our attorneys have handled a large volume of wage and hour cases and have also handled nationwide collective actions alleging unpaid overtime. Please call (423) 266-2121 for an appointment today.

 

DISABILITY DISCRIMINATION

Are you a victim of discrimination in the workplace because of a disability? Has your employer refused to accommodate your disability? Have you been discriminated against because your employer believed you to be disabled even though you are not disabled? If so, you may be protected by federal and state law.

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The federal Americans with Disabilities Act (ADA), 29 U.S.C. §12101, and the Tennessee Disability Act (TDA), Tenn. Code Ann. §8-50-103, protect employees and job candidates from workplace discrimination. These laws apply to individuals with physical or mental impairments who are qualified and able to perform the essential functions of their jobs with or without reasonable accommodations. These laws also apply to individuals who have no disabilities but are mistakenly viewed as disabled by their employers.

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Under the ADA, an employer must make a reasonable accommodation for a job applicant's or employee's disability, unless the accommodation legitimately creates an undue burden on the employer. Reasonable accommodations take many forms. Examples include a new chair, the ability to take more frequent work breaks, and extended leave to receive treatment for a disability. The ADA and its regulations set forth helpful guidelines on how an employer may respond to requests for accommodation.

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For more detailed information about the ADA, please visit the EEOC's website.

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If you believe that you are a victim of disability discrimination, call (423) 266-2121 to schedule an appointment with one our qualified lawyers today.