Virginia Termination Due to Discrimination Lawyer

Despite the numerous laws in place protecting employees from discrimination in the workplace, many employees are still impacted by unfair practices. One of the most harmful practices is discriminatory termination. Losing a job can lead to financial instability, when this is compounded with discrimination, the effect can be even more upsetting.

If you suspect your employer’s decision to terminate your employment was motivated by discrimination, you may have a claim against them. A Virginia termination due to discrimination lawyer could help you evaluate the merits of your case and answer questions you have about the claims process. A dedicated wrongful termination attorney strives to help victims of discriminatory termination get the justice they deserve.

Protected Characteristics Under Discrimination Law

Many characteristics are protected under federal and Virginia state discrimination statutes. If a characteristic is legally protected, this means employers are prohibited from discriminating against an employee based on it. Legally protected characteristics include:

  • Age
  • Disability
  • Nationality
  • Race
  • Color
  • Religion
  • Sex
  • Pregnancy

Discriminatory termination claims based on these characteristics are usually initiated by filing a claim with either the Equal Opportunity Employment Commission (EEOC) or the Division of Human Rights (DHR) in Virginia.

However, for federal or state discrimination laws to apply, an employer must employ the requisite number of employees. Employers with over 15 employees (or 20 for age discrimination claims) are usually subject to federal discrimination laws. Virginia state discrimination laws usually apply to employers with between six and 14 employees.

Unfair Termination in Virginia

Workplace discrimination is prohibited in every facet of employment, including in hiring and termination practices. Termination due to discrimination is considered a form of wrongful termination. Even though most employees in Virginia are employees “at-will,” employers are still prohibited from firing them for reasons based on forms of illegal discrimination and retaliation.

Examples of termination based on discrimination could include firing an employee who reveals that she is pregnant or terminating a worker who requests a reasonable accommodation for religious reasons. Layoff practices that disproportionally impact employees over a certain age may also amount to discriminatory termination.

Firing an Employee for Reporting Unlawful Practices

Retaliation is a form of discrimination where employers discriminate against employees who exercised their legal rights. For example, if an employee is fired for reporting unlawful practices, this would be considered retaliation. If an employee is fired after filing a discrimination claim or assisting as a witness in a discrimination claim, this is also likely a case of retaliatory termination.

Other examples of retaliatory discrimination include refusing to partake in discriminatory conduct, internally reporting discrimination, or requesting accommodation for a disability. Firing an employee for exercising these rights is unlawful.

Employees who are experiencing retaliation should keep a detailed timeline of the events leading to their termination. Employers will often try to argue that they had legitimate reasons for termination, so gathering evidence to the contrary will help establish a claim for retaliation. Contact a Virginia termination due to discrimination lawyer for more information.

Consult with a Virginia Discriminatory Termination Attorney Today

If you would like to speak with a knowledgeable lawyer about a potential discrimination claim in Virginia, please contact our office at your convenience. A Virginia termination due to discrimination lawyer is available to address any questions and concerns you have regarding discriminatory termination.

Our lawyers have experience handling discrimination cases involving violations of both state and federal laws and can use that experience to help you. Let our team fight for your rights today.