As an employee, you have a right to be free from employment discrimination on the basis of your membership in certain protected groups or engaging or refusing to engage in certain activities. Both federal and state anti-discrimination laws outline these specific legally protected rights and provide for a legal avenue to enforce your rights if they are violated. At The Salonus Firm, Tennessee employment lawyer Jessica Salonus can handle employment matters arising out of all forms of discrimination, sexual harassment, hostile work environment, retaliation, whistleblower actions, FMLA claims, severance negotiations, and non-competition clauses. The Salonus Firm provides strength and compassion during difficult times to workers across Tennessee, including in Memphis, Nashville and Knoxville.

Discrimination occurs when any adverse employment action is taken against a job applicant or employee on the basis of their membership in a protected category.

When an employer takes adverse action against an employee or job applicant based on their membership in a protected class – such as race, gender, disability, religion, or age – it may constitute unlawful discrimination or retaliation. Federal and state employment laws provide specific procedures for bringing such claims and strict deadlines for filing them. The Salonus Firm can guide you through each step of this process, ensuring that your claim is timely, properly documented, and supported by evidence.

Title VII is a federal anti-discrimination law and is enforced first by the Equal Employment Opportunity Commission (EEOC). If you want to file a lawsuit based on Title VII, you must first file a charge with the EEOC within a narrow window of time from the date of the discriminatory, harassing, or retaliatory conduct at issue (either 180 or 300 days from the date of the offensive or illegal conduct). The Salonus Firm can handle the filing of your EEOC charge to ensure that your claims are properly stated and all of your federally protected rights are preserved. Employees must know, however, that Title VII only applies to employers that have 15 or more employees.

Similar to Title VII, the Tennessee Human Rights Act is the primary state law that prohibits discrimination against employees on the basis of sex, creed, national origin, race, color, religion, and age. The Tennessee Human Rights Act applies to employers with eight (8) or more employees and also includes the protected category of age and therefore, it casts a little broader net than Title VII.

Disability under state law is protected under the Tennessee Disability Act, which prohibits an employer of any size from discriminating against employees with physical, mental, or visual disabilities. Unlike its federal counterpart, the Americans with Disabilities Act (which must be enforced first through the EEOC), the Tennessee Disability Act does not necessarily provide for a reasonable accommodation to be provided by the employer.

Additionally, your employer is prohibited from retaliating against you based upon your exercise of a protected right under Title VII and other anti-discrimination laws, such as the Americans with Disabilities Act (ADA) or the Family Medical Leave Act (FMLA). Jessica Salonus, as a knowledgeable employment attorney, can assist Tennessee workers in determining whether a retaliation claim may be appropriate in their circumstances.

The Americans with Disabilities Act (ADA) prohibits employers (with 20 or more employees) from discriminating against qualified individuals with disabilities in all aspects of employment, including hiring, promotion, compensation, and termination. Employers are also required to provide reasonable accommodations that enable employees with disabilities to perform their essential job duties, unless doing so would create an undue hardship. If your employer has failed to provide an accommodation or has treated you unfairly because of a disability, The Salonus Firm can help you assert your rights under the ADA.

The Family and Medical Leave Act (FMLA) entitles eligible employees (those with employers who have 15 or more employees within a 75 mile radius) to take unpaid, job-protected leave for certain family and medical reasons, such as the birth of a child, a serious health condition, or caring for a family member. Unfortunately, some employers retaliate against workers who take FMLA leave or refuse to restore them to their positions when they return. The Salonus Firm advocates for employees whose rights under the FMLA have been violated and helps them recover lost wages and benefits.

The Age Discrimination in Employment Act (ADEA) protects employees and job applicants who are 40 years of age or older from discrimination based on age. This includes protections against bias in hiring, firing, promotion, compensation, and other employment terms or conditions. The Salonus Firm helps older workers pursue justice when employers make decisions based on age rather than qualifications or performance.