Is Unfair Treatment in the Workplace Illegal?

Every employee deserves to be treated with fairness. However, unfairness is common in the workplace. When employees suffer unfair treatment in their workplace, it can significantly impact their morale and productivity. If you are an employee being mistreated, you may wonder if unfair treatment in the workplace is illegal. A common misconception among some people is that all forms of unfair treatment in the workplace are unlawful. This is not true. Some actions are just that, unfair, and do not warrant the court’s intervention. This article discusses what constitutes unfair treatment and when unfair treatment crosses the line to unlawfulness.

What is Unfair Treatment?

Unfair treatment arises when an employee, employer, or upper management treats an employee unkindly, inequitably, or improperly. These actions can range from rude comments to cruelly worded emails, not being included in meetings, being fired or denied a promotion for the wrong reasons, and being assigned undesirable tasks more often than other employees. Unfair treatment creates what is called a toxic work environment. Toxic work environments can result in reduced productivity and morale. Often, employees in such workplaces end up quitting their jobs. While unfair treatment can lead to a toxic work environment and affect employee morale and productivity, it does not necessarily constitute illegality.

When Unfair Treatment Crosses the Line to Unlawfulness

Generally, unfair treatment must violate specific laws designed to protect employees, and it must be considered unlawful. Unfair treatment becomes illegal if it involves discrimination, harassment that results in a hostile work environment, retaliation, wage and hour violations, and wrongful termination.

Discrimination occurs when an employee is treated unfavorably due to a protected characteristic, such as race, religion, color, age, or disability.

Harassment involves unwelcome conduct based on an employee’s protected characteristics. It can include sexual harassment, quid pro quo scenarios, and inappropriate comments.

Retaliation occurs when an employer takes an adverse employment action against an employee for engaging in a lawfully protected activity, such as filing a discrimination claim.

Wage and hour violations include failure to pay an employee the minimum wage and failing to provide overtime pay.

Lastly, wrongful termination occurs when an employer fires an employee for illegal reasons, such as due to their age or another protected characteristic.

When unfair treatment crosses the threshold into unlawfulness, it becomes the court’s responsibility. The court can address discrimination, harassment, retaliation, wage and hour violations, and wrongful termination. Employees who fall victim to these illegal acts can seek resolution through the court. Employees can seek several legal remedies through the court, including monetary damages, reinstatement, and injunctive relief.

Steps To Take if You Are Experiencing Illegal Treatment

If you are experiencing illegal treatment in the workplace, the following are the steps to take;

  • Keep detailed records of all incidents, including dates, times, locations, the people involved, what happened or was said, and witnesses’ details.
  • Report the unfair treatment using your company’s internal reporting procedure.
  • If the issue is not resolved, seek the help of a qualified employment lawyer. An attorney can guide you on the best course of action.

Contact a New Jersey Employment Lawyer

If you believe you have been subjected to illegal treatment in the workplace and need legal help, contact our New Jersey employment lawyer at the Trabosh Law Firm.