Employment discrimination law applies to decisions made by employers based on unlawful considerations. Iowa and federal law prohibit discrimination based on:
Employers cannot factor any of the above characteristics into employment decisions. Consideration of any of those characteristics, even if it's not the sole consideration, is unlawful. Because employers usually aren't obvious in their discrimination, we deeply investigate each employment situation that comes to our attention to determine whether there's any hidden evidence of unlawful employment discrimination. For additional information about some of the methods we employ in proving unlawful discriminatory motives, please visit our blog post entitled Proving Unlawful Motives In Employment Cases.
Iowa law has additional prohibitions against employment discrimination that don't exist under federal law. Iowa prohibits discrimination based on a person's sexual orientation, which is not a right that federal law grants. And Iowa extends the protection against age discrimination to all individuals, not just workers aged forty and older, which is the minimum age for protection under the federal Age Discrimination in Employment Act.
Disability discrimination is a special area of employment discrimination law that's somewhat different from the others. First, not everyone is considered "disabled" within the meaning of disability discrimination law. A complex analysis goes into determining whether someone either meets the definition of disabled or is perceived or regarded as disabled by their employer. That threshold analysis isn't required for any other type of discrimination claim. Second, there's a claim unique to disability discrimination claims, called "failure to accommodate," that doesn't apply to any other type of employment discrimination.
The prohibitions against employment discrimination apply to all of the major types of decisions employers make, including:
Other types of employment decisions may also implicate workplace discrimination laws. Each case should be evaluated on its own facts.
The employment discrimination laws are written in a way that allows judges and juries to fashion the appropriate relief for each individual case. The different remedies available in employment discrimination cases include:
The ability of a court to issue orders to your employer is particularly useful, especially for situations in which money damages won't necessarily address the situation. Oftentimes, it's not money that victims of employment discrimination seek. Rather, it's the satisfaction of being hired, reinstated, or promoted and achieving the employment success that should've occurred in the absence of employment discrimination.
We have considerable experience in employment law cases, having argued and won them in trial courts and appellate courts on behalf of various types of employees who contacted our Des Moines law firm. We have amassed a great deal of knowledge about all aspects of employment law through our work on behalf of those employees. We welcome you to share in some of that knowledge by reviewing various blog posts that we have made on employment discrimination topics.
Our Des Moines law firm has tried numerous employment law cases. Our cases have included claims for race discrimination, sex discrimination, age discrimination, and disability discrimination, among others. Employment discrimination cases require legal analysis of federal and state statutes and court decisions. We offer additional, more specific information about various employment law topics at our on-site and off-site blogs that we hope you'll find helpful. If, after reviewing this information, you'd like to speak with us about your employment discrimination case, please reach out to us through the Web Contact Form by using the "Contact Us" button or by calling (515) 281-1460. We make every effort to provide a same-day response to all communications received during weekday business hours. Initial telephone calls are always free. If it looks like we can help, it'll be our pleasure to meet with you, learn more about your situation, and lend you a hand. We handle as many of our cases as possible on a contingent fee basis, meaning that there's no fee unless we make a monetary recovery for you.
Erbe Law Firm, 2501 Grand Avenue, Des Moines, Iowa 50312
Erbe Law Firm has proudly served clients throughout Iowa since 2005 from our Des Moines law firm. We look forward to hearing from you to see whether we can do the same for you.
Harley C. Erbe