ANTI-DISCRIMINATION LAWS
State and federal laws and regulations protect you from discrimination based on certain protected classes in employment, public accommodations, healthcare, and schools.
Protected classes include race, national origin, color, sex, gender identity, sexual orientation, age, religion, physical or mental disability, military status, marital or family status, and victims of domestic violence, harassment, sexual assault, or stalking (and parents/guardians of a victim). Employment discrimination can show up as:
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A hostile work environment;
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An “adverse action” such as a termination, demotion, or failure to promote; or
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A “disparate impact” on a group of people with the same protected characteristics.
If there is evidence of employment discrimination - such as differential treatment, communications indicating bias, or hostility or adverse actions tied to your protected characteristic in some way - you have strict deadlines and sometimes administrative prerequisites as short as 30 days for filing your legal claims. For example, note that if you are an Oregon “public employee” and want to pursue certain claims under Oregon law, there may be a requirement under ORS 30.275 to provide a Tort Claim Notice within 180 days. Don’t delay in retaining an attorney who can track your deadlines to ensure that you do not lose your legal claims.
Note that one way employers try to unlawfully avoid application of employment laws is through the use of misclassifying employees as independent contractors. If you are being classified as an independent contractor but believe the entity is exerting significant direction and control over the way in which you are providing services, review the typical factors for the independent contractor test and reach out to an attorney about your potential claims.
Our office may be able to help if you think you’ve been a victim of protected class-based discrimination in a public accommodation, healthcare, or school setting.
Protected classes include race, national origin, color, sex, gender identity, sexual orientation, age, religion, physical or mental disability, military status, marital or family status, and victims of domestic violence, harassment, sexual assault, or stalking (and parents/guardians of a victim). Employment discrimination can show up as:
-
A hostile work environment;
-
An “adverse action” such as a termination, demotion, or failure to promote; or
-
A “disparate impact” on a group of people with the same protected characteristics.
If there is evidence of employment discrimination - such as differential treatment, communications indicating bias, or hostility or adverse actions tied to your protected characteristic in some way - you have strict deadlines and sometimes administrative prerequisites as short as 30 days for filing your legal claims. For example, note that if you are an Oregon “public employee” and want to pursue certain claims under Oregon law, there may be a requirement under ORS 30.275 to provide a Tort Claim Notice within 180 days. Don’t delay in retaining an attorney who can track your deadlines to ensure that you do not lose your legal claims.
Note that one way employers try to unlawfully avoid application of employment laws is through the use of misclassifying employees as independent contractors. If you are being classified as an independent contractor but believe the entity is exerting significant direction and control over the way in which you are providing services, review the typical factors for the independent contractor test and reach out to an attorney about your potential claims.
Our office may be able to help if you think you’ve been a victim of protected class-based discrimination in a public accommodation, healthcare, or school setting.
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