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lancelotarnold

Discriminatory and retaliatory termination

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Discriminatory and retaliatory termination

In some cases, the firing of an employee is a discriminatory act. Although an employer may often claim the dismissal was for "just cause", these discriminatory acts are often because of the employee's legally protected characteristics, which vary from place to place. They may include physical or mental disability, age, race, religion, gender, HIV status or sexual orientation. Other unjust firings may result from a workplace manager or supervisor wanting to retaliate against an employee. Often, this is because the worker reported wrongdoing (often, but not always sexual harassment or other misconduct) on the part of the supervisor. Such terminations are often illegal. Many successful lawsuits have resulted from discriminatory or retaliatory termination.

Under US law, workers are entitled to workplace decisions that do not discriminate against their membership in a protected group such as national origin, but they are not entitled to overall fairness. It is legal for an American employee to be fired for things such as disagreeing with the employer or not getting along well with others, even if the employee is correct.

Discriminatory or retaliatory termination by a supervisor can take the form of administrative process. In this form the rules of the institution are used as the basis for termination. For example, if a place of employment has a rule that prohibits personal phone calls, receiving or making personal calls can be the grounds for termination even though it may be a common practice within the organization.

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