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If your employer doesn't like you and fires you,
it isn't necessarily actionable discrimination. The employer must be
discriminating on the basis of a
"protected category" for the
discrimination to be illegal.
See our
Practice Areas Page for
discrimination categories- race, sex, etc. The specific categories
which are protected are spelled out in particular laws, or statutes.
Because gender, or sex, is one protected category, everyone
is protected by at least one category. Many people fall into more
than one protected category.
The Courts & Statutes and Job
Discrimination
So far, the courts have allowed employers to
discriminate against people on the basis of long hair and facial
hair (except when worn for religious reasons), weight (except when
the weight is because of a medical condition), and because the
employer wants to hire a family member or promote a family member.
Under the law, an employer can refuse to hire you because you are
too young, but not because you are too old (over forty). None of
these are protected categories.
In other words, if the category of the
discrimination isn't spelled out in a statute, the employee
is not protected from that form of job discrimination. Therefore, if
the boss doesn't like you, but you don't know why, or the category
isn't protected by law, he can fire you or not hire you for that
reason.
Why were you fired?
The essential consideration is why. Why were you fired or not hired?
Was it because of your age or race or gender, etc.? Or was it
because the boss just didn't like you, or wanted to hire his
brother, etc.? What matters is the motive.
Contact us by
Email or call us today at (401) 788-0600 to speak with a
someone from our firm..
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