LEGAL RIGHTS OF DISPLACED OR OUTSOURCED WORKERS
Title VII of the Civil Rights Act of 1964 forbids covered employers from discriminating against any applicant or employee based on race, color, religion, sex or national origin. Any adverse employment action taken by the employer against the employee based (or at least partially based) on the person’s race, color, religion, sex or national origin is considered discrimination and it is unlawful. Each State has its own laws protecting employees from discrimination and many States include a broader category of bases of discrimination including marital status, sexual orientation and the like.
There are strict time limits to bring a claim of discrimination in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). There are deadlines for bringing State claims as well. If you, or someone you know, has a potential claim of violation of Title VII, it is important to speak to an attorney as soon as possible.
Being terminated, demoted or denied a job because you are a US citizen can be considered discrimination based on national origin and may violate specific State claims depending on the laws of the particular State. There may be other State claims available to you if you are a United States citizen or permanent resident in a State that provides for additional causes of action for your particular situation.
Before a lawsuit can be filed for violation of Title VII, a complaint must be filed with the Equal Employment Opportunity Commission (“EEOC”). If the case is not resolved during the time period in which the EEOC completes its investigation, then a lawsuit can be filed in State or Federal court 90 days after the EEOC sends a “Right to Sue” letter. The Title VII claim is lost if the lawsuit is not filed with the court within the 90 days.
BEWARE OF SEVERANCE AGREEMENTS PRESENTED BY YOUR EMPLOYER. IF YOU SIGN A SEVERANCE AGREEMENT WITH YOUR EMPLOYER, YOU WILL LIKELY LOSE THE RIGHT TO BRING ANY CLAIM AGAINST THE EMPLOYER. NEVER SIGN A SEVERANCE AGREEMENT WITHOUT HAVING AN ATTORNEY REVIEW THE SEVERANCE AGREEMENT AND YOUR POTENTIAL CLAIMS.