John A. Klassen, P.A.
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Minneapolis Wrongful Termination Law Blog

What remedies are available for employment discrimination?

If you believe you are being discriminated against in the workplace, you might be able to file an action in order to stop or remedy the situation. This could involve various steps and investigations to be conducted in order to uncover evidence proving the claim, but if it is determined that you were the victim of employment discrimination then you could be afforded legal remedies for damages suffered.

But what remedies are available for employment discrimination? If it is determined that discrimination in the workplace occurred, the goal of legal remedies is to put you in the same position you would have been in had the acts of discrimination never happened. How this will be accomplished greatly depends on the situation and the effect the discrimination had on you. Remedies could include damages that are compensatory or punitive in nature. The latter are often awarded in cases involving intentional discrimination that is based on certain characteristics such as an individual's race, color, national origin, sex, religion, or disability.

Rate of disability discrimination claims have declined

The workplace should be a friendly environment that is accepting of all employees, no matter their differences in characteristics. Employees in Minnesota and other states in the country are aware of their employment rights. If circumstances arise that relate to employment discrimination or harassment, employees are afforded the right to report these situation and even file a cause of action for damages related to the incident.

With regards to discrimination based on disabilities, it was reported early this year that disability discrimination claims and complaints have decreased. According to the U.S. Equal Employment Opportunity Commission, also known as the the EEOC, the number of job biased complaints related to disability has fallen.

Globe University's appeal denied in whistleblower action

A recent post to this blog has highlighted the importance of whistleblower rights and how they serve to protect the rights of an employer after they speak out about illegal activities carried out by their employer. Despite this being a legal action, employers tend to retaliate or cause damages to the employee that blew the whistle. This leads to whistleblower actions, which seek to prove that the employee acted lawfully.

It was recently reported that the Minnesota Supreme court denied the petition for an appeal by Globe University. This decision marks the end of the lawsuit that was decided just over a year ago.

What rights do employees have against retaliation in fraud cases?

As a previous post for this blog highlighted, employees have rights against retaliation when they are a whistleblower in Minnesota and other states in the nation. Whistleblower rights exist in order to protect an employee when and if they make a claim that their employer is violating a state or federal law. This could happen in various types of work environments and violations could come in different forms, which is why there are several whistleblower protection laws.

What rights do employees have against retaliation in fraud cases? According to the federal Sarbanes Oxley Act, there are whistleblower protections for employees of publicly traded companies. Specifically, they have the right to file a civil action to seek relief from retaliation by an employer in a fraud case.

Whistleblower protection and asserting rights against retaliation

When an employee witnesses a violation of law in the workplace, it is often considered heroic that they step up and speak out about their employer's violation. Even though employees mean well and are doing the right thing when they whistle blow, they could face unexpected and wrongful hardships and damages as a result. Our law firm understands that whistleblowers in Minnesota frequently endure employer retaliation after they blow the whistle, leading to such damages as lost wages, emotional distress and other damages.

Our attorneys understand that it is challenging to take a stance and oppose or report the illegal actions of an employer. Yet, when an employer's abuse of authority takes hold, tremendous hardships may befall a whistleblower. Therefore, these individuals should understand that they have employee rights and have options to protect them.

Pregnancy discrimination is still an issue in the workplace

It is not uncommon for female employees in Minnesota and other states in the nation to become pregnant at some point during their careers. Although employee pregnancy frequently occurs, some pregnant woman still experience mistreatment due to their pregnancy. In addition, some pregnant women might be pressured to return to work right away, causing them to not fully exercise their maternity rights. Pregnant women who experience a hostile work environment or are mistreated due to their pregnancy should understand their rights and options in the situation.

Although laws were recently altered and strengthened in order to reduce occurrences of pregnancy discrimination, this type of employment discrimination still occurs today. In fact, this past summer, the Equal Employment Opportunity Commission put out new guidelines in order to educate employers that failing to give reasonable accommodation to pregnant employees is against federal law.

Working Parents Act will benefit working parents in Minnesota

It is not uncommon for employees in Minnesota to become parents. Moreover, it is not rare for these new parents to seek time off from work in order to spend time with their newborn or newly adopted child. If an employer mistreats an employee or denies and employee's request to take parenting leave, the employee could file a cause of action based on employment discrimination.

Last month, the members of the Minnesota Legislature introduced a new piece of legislation that could benefit working parents. It would impose significant new wage and hour requirements on the employers in the state of Minnesota. The Working Parent Act includes a new paid parenting and caregiver leave provision that would prevent discrimination against parents for taking time off to raise a new child.

What are common forms of age discrimination?

Employees and applicants in Minnesota and elsewhere in the nation should understand they have legal rights, no matter their ages. In some cases, an employee or applicant may believe that he or she is experiencing discrimination based upon age. In these matters, it is important to be aware of the laws that protect them against this type of discrimination in the workplace.

What are the common forms of age discrimination? The laws regarding age discrimination forbid any form of discrimination regarding any aspect of employment. This includes hiring, firing, salary amounts, promotions, job assignments, layoffs, job training, fringe benefits and other terms or conditions of employment.

Appeal rights for dismissed employment discrimination claims

When employees in Minnesota and elsewhere in the nation believe that workplace discrimination is occurring concerning them or other employees, filing a claim is often the next step. While this step could lead to an employer facing a civil claim for their actions and damages for those suffering employment discrimination, this does not always occur. In these matters, it is important that those involved in a claim understand their rights, federal and state regulations and the necessary information required for a claim. In some cases, even if a case is dismissed or denied, it could be appealed and overturned.

According to a recent report by Business Insurance, roughly 81 percent of employment discrimination cases overturned on appeal were overturned based on their failure to state a claim or their failure to comply with the statute of limitations. In addition, approximately one-third of all appeals brought each year are overturned.

Taking action against sexual harassment in the workplace

While the workplace is often considered a safe and friendly environment for most employees in Minnesota, that is not always the case. Unwanted sexual advances or other forms of sexual harassment can happen at almost any kind of workplace. These experiences can be uncomfortable, damaging and quite possibly illegal. Unfortunately, it can be difficult to talk about them or to take action against them.

When an employee experiences sexual harassment, they may not be fully aware that they are in fact experiencing a form of unlawful discrimination. In these matters, it is important to be able to discuss the matter with a professional. Employment law attorneys are well versed in the areas of sexual harassment and workplace discrimination and can advise workers on their rights and legal options.

Defending the Civil Rights of Vulnerable People

When employers discriminate or allow harassment and retaliation to take place or continue, we are dedicated to holding them accountable for their unlawful actions.

Office Location & Contacts
John A. Klassen, PA
Attorneys at Law
310 4th Avenue South
Suite 5010
Minneapolis, MN 55415

Phone: 612-217-4988
Toll Free: 877-390-4527
Fax number: 612-204-4534