Many individuals may find themselves in a situation where they feel uncomfortable reporting an incident involving harassment, discrimination, or retaliation in the workplace. We recognize that reporting such incidents can be difficult emotionally, confusing as to how and to whom to properly lodge a complaint. You should know that as an employee, your rights are protected under state and federal laws. If you are treated unfairly or wronged by your employer, talking to an attorney to learn your rights is often the best step you can take.
The attorneys at The Luby Law Firm are here to provide the competent and aggressive representation you need when faced with an employment law matter. The Luby Law Firm has firsthand jury trial experience on employment matters and has obtained successful results through settlement and trial. Our firm is dedicated to representing employees in a range of employment law matters, including but not limited too:
Employment Discrimination Claims
We represent individuals in Missouri in all types of discrimination claims.
Sexual Discrimination
We have significant experience handling sex and gender discrimination matters as well as FMLA discrimination, sexual orientation discrimination and pregnancy discrimination cases.
The Missouri Human Rights Act protects individuals against discrimination on the basis of their sex. The Act applies to employers with six or more employees, including state and local governments. It also applies to employment agencies, “temp services”, and to labor organizations. The Act applies to landlords, housing providers, property managers, those selling houses, realtors and those providing loans for dwellings. The Act also covers all businesses that offer their goods and services to the general public including state and local governments, and therefore, those entities cannot refuse, withhold from or deny accommodations, advantages, facilities, and/or privileges to any person based on their sex.
It is unlawful to discriminate against any employee or applicant for employment because of his/her sex in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. It is unlawful for housing providers, property managers or lenders to discriminate against any tenant, applicant for housing or applicant for a housing loan because of his/her sex in regard to the sale or rental of a dwelling, application for a housing loan, eviction, or any term or condition of tenancy. The Act’s prohibitions against sex-based discrimination also cover:
- Pregnancy-based
- Compensation
- Sexual Harassment
- Gender-based
Pregnancy-Based Discrimination
This includes discrimination on the basis of pregnancy, childbirth, and related medical conditions.
Equal Pay or Compensation Discrimination
This includes all payments made to or on behalf of employees as compensation for employment. All forms of compensation are covered, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.
Sexual Harassment
We have experience handling claims involving sexual comments and innuendo, inappropriate touching, sexual advances, and other types of harassment based on sex. These claims are unique and sometimes can involve assault and unwanted touching. Claims such as these involve a number of hybrid torts, such as equal pay claims and intentional torts. It is imperative that you seek counsel before you pursue one of these claims.
Sexual harassment is a form of sex discrimination based on sexually explicit behavior. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- Submission to such conduct is made a term or condition of an individual’s employment (“If you want to continue working here… “)
- Submission to or rejection of such conduct by an individual is used as the basis of employment decisions affecting such individual (“If you want that promotion…”)
- Such conduct creates an intimidating, hostile or offensive working environment. This is where the sexual conduct is so pervasive or severe that it creates an abusive working environment.
Gender Based Harassment
Another type of sexual harassment is called gender-based harassment. It does not involve explicit sexual behavior. This type of harassment includes epithets, slurs, and negative stereotyping of men or women, directed at a female or male employee. It may include denigrating or hostile written material about men or women posted or circulated in the workplace. Harassment due to gender is comparable to harassment due to race. If it is severe or pervasive enough to create an abusive working environment, then it can violate the law.
Racial Discrimination And Harassment
Our lawyers are prepared to advocate for your best interests if you are discriminated against or harassed because of your race.
The Missouri Human Rights Act (the Act) protects individuals against discrimination on the bases of race and color. The Act applies to employers with six or more employees, including state and local governments. It also applies to employment agencies, “temp services,” labor organizations, landlords, housing providers, property managers, those selling houses, realtors and those providing loans for dwellings. The Act also covers all businesses that offer their goods and services to the general public, including state and local governments and therefore, those entities cannot refuse, withhold, or deny accommodations, advantages, facilities, or privileges to any person based on their race or color.
Equal employment opportunity, fair housing opportunity, and public accommodations cannot be denied to any person because of his/her racial group or perceived racial group, his/her race-linked characteristics (e.g., hair texture, color, facial features), or because of his/her marriage to or association with someone of a particular race or color.
Employers, housing providers, and places of public accommodations should adopt best practices to reduce the likelihood of discrimination and to address impediments to equal employment opportunity, fair housing, and public accommodations. Job requirements must be uniformly and consistently applied to persons of all races and colors. Similarly, rental and tenancy requirements must be uniformly and consistently applied to persons of all races and colors. Businesses should offer their goods and services without regard to the race or color of their customers.
Disability Discrimination
If your employer discriminates against you because of a disability or refuses to make reasonable accommodations for your job, an attorney at our firm will ensure that your rights are enforced. Today, disability discrimination is becoming more and more common. This area of discrimination is often overlooked, and may be less blatant, yet at the same more pervasive in plain site of the workplace. This kind of discrimination goes hand in hand with the Americans with Disabilities Act and can sometimes be filed together. Each case falls under its own merit.
Age Discrimination
If you are over the age of 40 and being discriminated against because of your age, we will protect your rights.
The Missouri Human Rights Act (the Act) protects individuals who are 40 or more years of age but less than 70 years of age from employment discrimination based on the individual’s age. The Act’s protections apply to both employees and job applicants. Under the Act, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
The Act applies to employers with six or more employees, including state and local governments. It also applies to employment agencies, “temp services”, and labor organizations.
Harassment/Hostile Environment
The Act prohibits offensive conduct, such as racial or ethnic slurs, racial jokes, derogatory comments, or other verbal or physical conduct based on an individual’s race/color. Harassment or creating a hostile environment would mean the conduct is unwelcome and offensive and has to be severe or pervasive. Employers, housing providers, and places of public accommodations are required to take appropriate steps to prevent and correct unlawful harassment and discrimination. Likewise, employees, tenants, and customers are responsible for reporting harassment and discrimination at an early stage to prevent its escalation.
Retaliation For Complaining About Sexual Harassment
If you have complained about sexual harassment and your employer has fired you or retaliated against you in the form of a demotion, pay cut, or decrease in your hours, we will protect your rights.
Retaliation
Our firm handles all claims involving employer retaliation for complaining about harassment or discrimination.
FMLA retaliation: We frequently handle cases involving Family and Medical Leave Act (FMLA) retaliation, including maternity leave issues.
Whistleblower Protection
Our attorneys represent employees who have been terminated or otherwise retaliated against for reporting fraud, embezzlement, or other illegal activities in the workplace.
Wage And Hour Laws And Overtime Violations
Our Missouri wage and hour lawyers represent employees who have been wronged by their employer in regard to pay for time worked including time spent donning and doffing uniforms or equipment. We also represent individuals in claims involving overtime pay violations and issues including the misclassification of employees.
Missouri Prevailing Wage
Our firm represents employees of contractors and sub-contractors in prevailing wage claims involving public works projects.
Wrongful Termination
We advocate for employees who have been wrongfully terminated, whether that is based on sexual, racial, age, or disability discrimination, harassment, retaliation, or complaints of illegal activity.
Noncompete Agreements
A non-compete agreement in Missouri can be enforced in certain situations in the state. Work contracts typically include a non-compete or non-solicitation agreement, which puts limitations on an employee once he or she leaves that workplace. A non-compete agreement is any limiting contract between an employer and employee that limits the undertakings of that employee after he or she leaves the employer.
A non-compete agreement can also be referred to as a restrictive covenant or a covenant not to compete. Employers use these agreements to restrict employees from taking customers or confidential information and using it to compete with their previous employer. In order to be valid, non-compete agreements need to defend the employer’s business from an unreasonable competitive edge. Unfortunately, not every employer does the right thing and seeks to control their clients.
Good employers will work with you and respond quickly to your concerns. However, there are always some exceptions to the rules. This is where we step in as your personal advocate.