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What are the grounds for a discrimination or harassment claim?

Per the regulations of the United States Equal Employment Opportunity Commission (the EEOC), it is illegal to discriminate against someone (applicant or employee) because of that person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to use neutral employment policies and practices that have a disproportionately negative effect on applicants of a particular race, color, religion, sex (including pregnancy), or national origin, or on an individual with a disability or class of individuals with disabilities, if the polices or practices at issue are not job-related and necessary to the operation of the business. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Discriminatory practices under the laws EEOC enforces also include constructive discharge or forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay. Depending on the particular circumstances, discrimination and harassment claims may be brought under the EEOC or under State law in the court system. The precise venue for your claims, and any additional bases for a claim of discrimination or harassment, can be discussed during an initial consultation.

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