Montana Discrimination Lawyer
If you’ve been discriminated against because of your age, sex, gender, and disability, you may be entitled to damages. Montana lawyer Philip McGrady has experience handling harassment and discrimination claims, and he is prepared to take your case. Work discrimination is completely unacceptable which is why you need a top-notch attorney on your side.
Understanding Workplace Discrimination Law
Montana Human Rights Act and the Civil Rights Act of 1964
Both the Montana Human Rights Act and the Civil Rights Act prohibit employers from discriminating against their employees on the basis of race, sex, religion, national origin, age, and ability. Unlawful discrimination takes on many forms in the employment arena.
If you believe you were fired, disciplined, passed over for a promotion, not hired, or denied a raise because of your race, sex, or religion, you may have a case under federal and/or Montana law.
Often times, discriminated individuals feel they have no case against an employer because they lack “smoking gun” evidence, such as an email from one HR representative directing another not to hire any Native Americans. Indeed, direct evidence of discrimination is rare, but fortunately, it is not necessary.
Montana courts are willing to imply discrimination where evidence suggests disparate treatment or a disparate impact.
Thus, even if you cannot prove you weren’t promoted because of your sex, you may have a case where the promotion went to a similarly situated person of the opposite sex. You may also have a case where your employer’s practices or policies have a discriminatory impact on one sex, one religion, or one race in general.
Discrimination is a serious problem and it is not tolerated in Montana. If you believe you’ve been discriminated against at work, contact Phillip McGrady. He will treat you with the dignity you deserve to ensure you are made whole under the law.
Americans With Disabilities Act and the MT Human Rights Act
Both of these Acts prohibit discrimination on the basis of handicap or disability. With few exceptions, employers may not discriminate against a qualified individual with a disability because of the disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
Employers in Montana have a responsibility to alter the workplace to accommodate disabled employees unless doing so would cause undue hardship. Reasonable accommodations may include: remodeling existing facilities to make them handicapped accessible, job restructuring or schedule modification, providing readers or interpreters, or adjusting examinations or training materials.
Age Discrimination in the Workplace
Between the Federal Age Discrimination in Employment Act, the Civil Rights Acts, and the Montana Human Rights Act, employees in this state enjoy broad protection against age discrimination. Specifically, an employer may not, on the basis of age, discriminate in hiring, promotions, wages, termination or layoffs. They may not deny benefits due to old age.
Further, an employer in Montana may not force you into retirement unless you are an executive over the age of 65 in a high policy-making position and are entitled to a pension over a certain minimum annual amount.
While federal law only protects employees age 40 and older from discrimination by employers of 15-20 employees or more, Montana law contains no age requirement or business size specification.
If Your Employer Has Discriminated Against You, Contact Attorney Philip McGrady
Be sure to contact Philip McGrady today, an attorney with experience in assisting discriminated employees. You might be eligible to collect damages, but keep in mind that you must act soon. Call (406) 322-8647 for a free and confidential consultation.