Firing Claims
I think I was fired because I'm a woman, how do I prove it? In order to have an initial claim for wrongful termination under the Arizona Civil Rights Act (ACRA) you need to show that:
(1) you belong to a protected class (women are a protected class);
(2) you were qualified for the position;
(3) you were terminated; and
(4) similarly situated men were treated more favorably or your position was filled by a male. If you cannot show that men in similar situations were treated differently than you, or that your position was filled by a male, you may still have a claim if you can show some circumstances surrounding your termination that would persuade a judge or jury you were discriminated against. You can do this by showing you suffered bias or ill will because you are a woman. Are women a "protected class"? Yes. Women are considered a protected class under Title VII, which is a federal anti-discrimination law, the ACRA, which is the state law, and also under local ordinances in Tucson and Phoenix. As a statutorily protected class, women benefit from the protections of these laws; therefore, it is illegal for employers to discriminate against them. How do I show that my legally protected class led to my discharge? You can establish an initial claim of sex discrimination by showing that you were satisfactorily performing your job before you were replaced by a male colleague. I've just received a warning from my employer, and I suspect I will be fired soon. What should I do? If you receive a warning from your employer, your first instinct may be to panic or even become angry. Depending on the circumstances, you should remain calm, especially since your employer may continue monitoring your work. Generally, you should begin gathering information: clarify the warning if necessary by asking your employer; get a copy of company policy on warnings/dismissals to ensure that your employer is following its own policies; talk to trusted co-workers to see if they have any insights into what they have observed in the workplace; keep track of the date/time of interactions with your employer as well as any documents that may be relevant; and, most importantly, consider whether the warning may have something to do with sex discrimination or complaining about sex discrimination. Ask yourself if your employer's warning comes on the heels of you confronting the company about sex discrimination. If so, there may be more to the warning than meets the eye. What can I do to protect any legal rights I might have before leaving my job? The easiest way to protect your legal rights before leaving your job is to document everything. Even if you initially feel as if your firing was not retaliatory or discriminatory, cover all of your bases by asking for the termination letter in writing, and saving all written warning letters. To aid in any potential claims you may have against your employer, document the dates of any decisions or actions affecting your employment, including salary or benefit increases/decreases, recommendations, and reprimands. I am being forced to leave my job. But before I go, my employer requires that I sign a document promising not to sue. Is that legal? Yes. However, you will still be able to file a claim if you sign the waiver. Be very careful however, because if you signed the waiver in return for a severance package, and you choose to file a claim, your employer may be able to sue you to recover any money you received for signing the waiver. What could my employer do to deny my allegations, and how do I respond to their denials? Your employer can deny your allegations by stating a legitimate, non discriminatory reason for your discharge. You must respond by showing that the reason your employer is giving is pretextual, meaning that you were actually fired because of discrimination, not because of the reason your employer stated. In rare cases you can show this by providing direct evidence of discrimination, such as a statement of discrimination by your employer. Because such statements are rare, you will more likely need to present evidence showing that your employer's explanations are inconsistent or unworthy of belief. This evidence will have to be specific and substantial. Does it matter when the discrimination occurred? Yes. Under ACRA, you must file a claim with the Arizona Civil Rights Division (ACRD) or the Equal Employment Opportunity Commission (EEOC) within 180 days of the discrimination. Keep in mind, you cannot pursue an employment discrimination claim through the federal or state courts independently. You must go through the ACRD or the EEOC, which is the federal agency in charge of employment discrimination claims. For more information see How to File a Claim. What options do I have if I my employer has fewer than 15 employees? If your employer has less than 15 employees you will not be able to bring a claim for wrongful termination under the ACRA. However, you can still try to make change in the workplace through taking action such as talking to your employer or starting a WAGE club. What WAGE Clubs Do. For more information see What Does the Law Say. If I prove my wrongful termination claim, what kind of remedies am I entitled to? You will be entitled to equitable relief, which is relief intended to reverse the harm you have suffered and restore you to the position you were in before the discrimination took place. You may be able to recover back pay to compensate you for lost earnings, front pay to compensate for a pay differential resulting from discrimination, injunctive relief to correct your employer's discriminatory practices, or reinstatement to any position that you lost as a result of discrimination.For more information see What Can I Get If I Win. Return to StatesReturn to Types of DiscriminationReturn to Arizona Law PageLegal Glossary
|
 |
