Employees can make internal, Equal Employment Opportunity Commission (EEOC) or Human Rights Campaign complaints, or file a lawsuit against the employer with a formal Complaint and Summons. Types of claims include the following:
- Discrimination: According to the EEOC, an average of 100,000 discrimination charges are filed against employers annually. During the disciplinary or termination process, an employee from a protected class can allege that he or she is being treated worse for a reason relating to their protected class status than other employees. Protected classes are those based on factors including: race, color, religion, national origin, age, sex, familial status, disability status, veteran status and genetic information.
- Harassment: While discrimination claims are centered on mistreatment in official company actions, harassment claims revolve around interpersonal relationships in the workplace. These claims include verbal or physical harassment.
- Retaliation: Recent changes to the Dodd-Frank Wall Street Reform and Consumer Protection Act, especially regarding the Whistleblower provision, could lead to an increase in the number of employees who will claim they’ve been disciplined or terminated in retaliation for whistle blowing on the company.
- Wrongful Termination: Employees can file claims if they believe they were wrongly terminated for an illegal reason or for a reason that violates the company’s policy. Some examples include breach of contract and constructive discharge.
- Post-termination: Some employees file lawsuits after they’ve been terminated, claiming that the termination resulted in defamation, blacklisting or undue emotional distress.