Have You Been Treated Unfairly At Work?

Author: Michael P. Risko
Date: 08/01/2004

Many times employees feel as though they have been treated unfairly, whether being discriminated against or harassed. Generally speaking, Michigan law follows the “at will” employment doctrine. Under this doctrine, an employer generally is free to demote or terminate an employee with or without just cause. However, there are numerous exceptions to this doctrine. These exceptions allow even an “at will” employee who is discriminated against or harassed to bring a legal action against his or her employer for improper action.
An employer is prohibited from discharging, refusing to hire, failing to promote, or otherwise discriminate against any individual with respect to that employment’s compensation or a term, condition or privilege of employment, because of religion, race, color, national origin, age, sex, height, weight, or marital status. An employer also may not discriminate against persons with disabilities or retaliate against an employee for filing a worker’s compensation claim, or exercising other rights available to the employee under the law or constitution. Finally, an employer may not discriminate against an individual who has reported conduct by his employer or coworkers that he feels is inappropriate or illegal. This is referred to as a “whistle blower” claim.
Under State and Federal law, even an “at will” employee may bring a legal action against an employer or supervisor who has sexually harassed that employee. The victim of sexual harassment can be either male or female. Sexual harassment can include such things as verbal conduct, derogatory comments or slurs, or physical conduct, including assault or visual harassment such as derogatory posters, cartoons or drawings, or sexual favors, including unwanted sexual advances or where sexual favors are asked for in exchange for an employment benefit.
Harassment because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth or related medical conditions.
In addition to monetary damages, an employee who has been the victim of illegal harassment or discrimination may also recover reimbursement for attorney fees. If you believe you have been the victim of inappropriate harassment or discrimination, we invite you to contact our office and make an appointment to speak with one of our experienced employment law attorneys.