University of Kwazulu-Natal

How Do Protected Classes Impact Challenging Wrongful Termination

Bonisiwe Shabane
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how do protected classes impact challenging wrongful termination

Letting an employee go is rarely a clear-cut task. After being fired, the next step for some people is to hire an attorney. Because of this, an HR professional must be well-versed in state and federal employment law to avoid — or prevail — in the courtroom. Take for example the case of a 50-year-old woman who fell while working at a U.S.-based company. She followed company procedure and went to the workplace medical office to be seen for her injuries. As part of the examination, the doctor performed a drug test.

She tested positive for marijuana. The company fired her, and workers' compensation denied her claim. She argued she only used pot outside of work and was never high while on the job. Since marijuana is legal in her state, she said it's no different than an employee drinking a glass of wine after work. She hired an attorney and sued for wrongful termination, also claiming discrimination because of her age. In my 15 years of executive search, I’ve only had two people fail drug screens.

In this case, let's address the marijuana issue strictly from a job-performance perspective. It's fair to say that occasional medical or recreational marijuana or alcohol use won’t affect job performance. The challenge is when that use negatively impacts performance and you need to fire the employee. Before you do, ask yourself: Are you firing the employee because of marijuana use, or because marijuana use is affecting their performance? Even if you never run into a problem with drug use by an employee, chances are you'll have a fired employee challenge a termination during your career. This means it’s imperative that you're familiar with all state, federal and case law surrounding employment issues — especially Title VII that we outlined in the first of this three-part series.

To explore hiring and firing, let's consider legitimate reasons to fire someone, gray areas and how to navigate around them, and how to protect your company from a wrongful termination suit when firing anyone,... Ready To Fight For Your Rights And Interests There are federal laws in place to protect employees from those employers who would like to fire them on a discriminatory basis. Many employee agreements categorize their roles as ‘at will,’ which means they may be subject to termination for virtually any reason and at any time, barring that the reason for termination doesn’t involve some... Discrimination, at the federal level, is recognized for an employee’s race, gender, national origin, disability, religion or age (for those over 40). The law defines these categories as ‘protected classes.’ Though not classified as a protected class, federal law makes it illegal to fire employees due to pregnancy or the medical complications resulting from a pregnancy.

Cities and states, in some areas, expand the protected classes to include other categories. At the state level, California expands the federally protected classes to include: Beyond the protected class categories, if an employee is fired for bringing up an employer’s failure to fulfill state or federal regulations with a supervisor or business owner, they are protected from retaliation by... California law also makes some provisions for employees who report patient abuse within institutions that receive state funding. Employees need to inform an employer when they are violating employment law or engaging in activities that are discriminatory to their workers. If you were terminated from your job and you believe that your employer discriminated against you, it would help to have a lawyer well-versed in wrongful termination suits.

Fresno 559-421-7000Bakersfield 661-616-1360San Luis Obispo 805-296-5007Hanford 559-421-7000 Fresno559-421-7000Bakersfield661-616-1360San Luis Obispo805-296-5007Hanford559-421-7000 On Behalf of Sagaser, Watkins & Wieland PC | Mar 20, 2025 | Employment Law California has some of the strongest employee protections in the country. For that reason, employers must be careful when deciding to terminate someone. Knowing which employees belong to protected classes can help businesses avoid legal trouble.

A protected class includes people with characteristics that federal and state laws shield from discrimination. These include race, religion, gender identity, medical conditions, and citizenship status. Under Washington State laws, what are “protected classes” within the context of employment discrimination? Here’s my point of view. (IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article.

No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.) (adsbygoogle = window.adsbygoogle || []).push({}); Washington State has comprehensive employment-discrimination laws to shield workers from unjust treatment rooted in specific attributes. An integral facet of these legal provisions is the acknowledgment of “protected classes.” This article will enumerate the protected classes within the employment-rights framework of the Washington Law Against Discrimination. The Washington Law Against Discrimination (“WLAD“) is a potent statute enacted in 1949, and it covers a broad array of categories including, but not limited to employment, as follows:

Effective July 1, 2025, additional protections are available for workers when employers use immigration-related threats to discourage or retaliate against the usage of certain workplace rights. While Washington is an at-will employment state, employers cannot fire or retaliate against an employee who exercises a protected right or files a complaint under certain employment laws. State law gives employees protection in the following areas: Depending on the situation, L&I will investigate your complaint or refer you to the appropriate agency. You may have additional rights against termination or retaliation under a collective bargaining agreement, in your employer’s policies, or under federal law. However, L&I does not have enforcement authority in these areas.

At-will employment means that employers do not need to establish cause or give notice before firing an employee. That being said, it is against the law for an employer to fire or retaliate against an employee for discussing or filing a complaint about a violation of their protected rights. Before implementing a layoff or reduction in force (RIF), review the process to determine if it will result in the disproportionate dismissal of older employees, employees with disabilities or any other group protected by... This process can be complicated. You may want to consult a lawyer or contact the EEOC for assistance. Manager Responsibilities - Waivers of Discrimination Complaints

On Behalf of Bugbee & Conkle, LLP | Jul 7, 2023 | Employment Law & Litigation Some employees are members of legally-protected classes. As defined by the U.S. Equal Opportunity Employment Commission, these classifications are defined by certain immutable characteristics, including one’s religion, sex, race, national origin, gender identity, disability, age, genetics, etc. It’s important for employers to know that these classes exist because it certainly can influence how a termination can or cannot lawfully proceed. But it’s problematic to think that these protected classes influence which employees you can fire.

Instead, think of it as a guideline for why you can lawfully fire members of protected classes, not whether you’re allowed to fire members of protected classes under any circumstances. Some employers believe they simply can’t fire employees who are in protected classes. They view these protections as a direct protection against termination itself. If they have an employee who is over 40 years old, for instance, they may lament that they can’t fire that person without being accused of age discrimination. But this is an incorrect view of how protected classes work. What it actually means is that you can’t fire someone because they are 40 years old or older.

You certainly can fire a worker who fits into that age category. Maybe your company is downsizing and you simply have to let people go, whether you want to or not. Maybe a certain worker is always late for work or you’ve seen their production slipping. There are a multitude of very reasonable issues that you may cite to show why a firing is justified.

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