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Employer discrimination? Vaccination required? Social Pressure? You may have a discrimination claim.

Posted by Randy Corporon | Apr 01, 2021 | 0 Comments

Employer requiring a vaccination as a condition of employment?

Is a vaccination passport requirement slowing you down?

Are you harrassed by the HR department that you must support certain political groups based upon a racial preference?

You may have a claim under either Federal law or state law based upon discrimination.

§ 24-34-402. Discriminatory or unfair employment practices

(1) It shall be a discriminatory or unfair employment practice:

(a) For an employer to refuse to hire, to discharge, to promote or demote, to harass during the course of employment, or to discriminate in matters of compensation, terms, conditions, or privileges of employment against any person otherwise qualified because of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry; but, with regard to a disability, it is not a discriminatory or an unfair employment practice for an employer to act as provided in this paragraph (a) if there is no reasonable accommodation that the employer can make with regard to the disability, the disability actually disqualifies the person from the job, and the disability has a significant impact on the job.

 For purposes of this paragraph (a), “harass” means to create a hostile work environment based upon an individual's race, national origin, sex, sexual orientation, disability, age, or religion. Notwithstanding the provisions of this paragraph (a), harassment is not an illegal act unless a complaint is filed with the appropriate authority at the complainant's workplace and such authority fails to initiate a reasonable investigation of a complaint and take prompt remedial action if appropriate.

Please call our office to discuss this.

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