John A. Klassen, P.A.
612-217-4988 877-390-4527

Minneapolis Wrongful Termination Law Blog

What does sexual harassment in the workplace look like?

No matter the age or sex of an employee, the issue of sexual harassment at work is well known. While employees in Minnesota and elsewhere are aware of the seriousness of sex discrimination, many are not fully prepared to deal with such a situation. Moreover, some may not be able to distinguish instances of sexual harassment, causing them to not take appropriate action against mistreatment at work.

What does sexual harassment in the workplace look like? While sexual harassment is not specifically addressed and defined in Title VII of the Civil Rights Act of 1964, employees are protected from sex discrimination and any form of harassment that creates a hostile work environment even if it does not violate a federal law. So simply put, an employer or co-worker could violate the rules in a workplace even if a federal law is not violated.

Knowing when to blow the whistle and invoke whistleblower rights

Being a whistleblower at a place of employment is not an easy position to be in for employees in Minnesota and elsewhere. Even though an employee is taking a step to ensure a business or employer is in compliance with the law, ensuring the health and safety of employees and the legalities of the business, being a whistleblower is not often considered to be positive. In fact, many employees fear taking the step to blow the whistle on an employer out of fear that an employer might retaliate against them for their actions.

In order to address the concern for employer retaliation, employees should understand when they should be a whistleblower and what rights and protections are afforded to them if they decide to do so. If an employee witnesses or believes a violation regarding state or federal laws is occurring at the workplace, reporting a violation is often recommended.

Time extended for whistleblower rights violations

Employees in Minnesota might encounter situations in the workplace that they are uncomfortable with or cause them to question the legality of the actions carried out by their employer. If an employee believes that their employer is violating some law in the workplace, employees are afforded the right to file a claim against their employer. However, some employees fear that they might be wrong or the aftermath of filing a complaint could result in employer retaliation. Due to these scenarios, whistleblower rights have been implemented to protect individuals who blow the whistle on their employers. Moreover, laws have been passed to address the concerns to initiate the original complaint.

Employees in Minnesota should understand the recent changes to the Minnesota Whistleblowers Act or MWA. These changes occurred late last year and resulted in an extension of the statute of limitations regarding when a complaint must be filed. Previously, plaintiffs were required to file a complaint within two years of the alleged violation. The recent ruling by the Minnesota Court of Appeals allowed for the two-year window to be extended to six years.

What protects employees and applicants from race discrimination?

Unfortunately, there are times when employees in Minnesota and elsewhere feel mistreated or discriminated against in the workplace. While it can be an uncomfortable and emotional situation, employees should understand that specific legislation has been passed to protect the rights afforded to employees, allowing them to take action if they are violated.

What protects employees and applicants from race discrimination? According to the U.S. Equal Employment Opportunity Commission, Title VII of the Civil Rights Act of 1964 works to protect employees and applicants from racial discrimination in several ways.

Understanding the rate of age-related complaints in the workplace

With age usually comes knowledge and experience, but in the workplace, age is not always treated so kindly. In fact, the age of an employee or applicant is commonly cited in workplace discrimination claims. Employees in Minnesota should understand how age could be a form of discrimination at the workplace. Moreover, they should understand what actions could be taken when age discrimination occurs.

While it is popular belief that age-related complaints are among the highest types of discrimination complaints filed with the federal government, a report by the Equal Employment Opportunity Commission or EEOC indicates that 2014 is the sixth consecutive year that age discrimination cases have dropped. In addition, over the past two decades, the percentage of claims determined to be reasonable have been dropping as well.

We can help you file an action for age discrimination

Employees in Minnesota often think that with age comes wisdom, knowledge and experience. While this could be a beneficial for some employees, the age of an employee is not always kindly treated in the workplace. Our law firm understands that the age of a worker could result in mistreatment and even unlawful termination. Employees are afforded rights though his or her civil rights, and are afforded the opportunity to file actions regarding employment discrimination.

Discrimination based on age is unfortunately something that occurs in some places of employment. Older workers are often viewed as liabilities. They could cost the company more and are sometimes viewed as inferior to younger employees due to their knowledge or current and emerging technologies. Our attorneys are knowledgeable about common situations of age discrimination, and have helped clients file action for wrongful termination, demotion or other forms of discrimination based on age.

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.

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