Harassment and Discrimination Suits Require a Protected Group

An employee’s best chance of success in a discrimination or harassment case occurs when the discrimination or harassment is attributable to the employee’s status as a member of a protected group. A protected group could be fairly described as a group of people qualified for special protection by a law, policy, or similar authority. For example, U.S. federal law protects individuals from discrimination or harassment based on sex, race, age, disability, color, creed, national origin or religion. In many cases, state laws also give certain protected groups special protection against harassment and discrimination. The key here is the person must be part of a protected group. If the boss is discriminating against or harassing the employee because the employee is a Democrat, a Republican, a Kim Kardashian fan, a “FloMo,” a “Pactard,” or the only person in the office who thinks O.J. is innocent, then the harassment case isn’t going anywhere – even if you are represented by Lisa Bloom and Gloria Allred.

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