Common Types of Employment Lawsuits

There are a wide variety of disputes that can arise between employers and their employees. Some of the most common types of employment lawsuits include:

• Discrimination. The law sets forth certain “protected groups” and prohibits discrimination in the workplace based on race, color, religion, sex, national origin, age, disability and genetics. If a member of one of these groups claims discriminatory action was taken against him/her, the Equal Employment Opportunity Commission may conduct an investigation of the adverse action. An adverse action by the employer may include discriminatory decisions in hiring, promotions, discharge, pay, benefits, job training and other aspects of employment.
• Hostile workplace environment. Sexual harassment is one of the most common types of lawsuits based upon a hostile work environment. Typically, the employee alleges the employer or anyone in a management or supervisory position demanded sexual activity in exchange for preferential treatment. Most lawsuits also claim that the employer permitted the hostile work environment and took no steps to stop the wrongful conduct.
• Wrongful termination . An employee may claim they were wrongfully terminated due to discrimination, for opposing or refusing to partake in an illegal practice by the employer or for filing a worker’s compensation claim. When an employer takes a negative action against an employee, it is essential to document the legitimate reasons such actions were taken.
• Retaliation. Employees who are fired, laid-off or demoted often claim it was the result of their exercise of a legal right or because they opposed discriminatory or other wrongful treatment. It is important to employers to maintain a file that supports their actions and to fight retaliation allegations by disgruntled employees or ex-employees.