Indianapolis Employment Law Attorneys

Employee Rights Lawyers in Indianapolis, Indiana

Frequently Asked Questions

What is sexual harassment?
Sexual harassment involves unwanted sexual advances, touching, requests for dates or sex, frequent inappropriate comments, or any other behaviors that create an atmosphere riddled with demeaning, insulting, or pornographic references to sex or your gender. 

What is discrimination?
Discrimination in the workplace occurs when one person is treated better/worse than another because of their age, gender, race, religion, national origin, or disability. 

How do I know if I have been discriminated against? 
Courts have come up with a test to determine if someone has been discriminated against.  You may have suffered from discrimination if you are:

• A member of a “protected class.”
• Qualified for the job.
• Terminated, demoted, or held back because you are a member of a protected class.
• Were damaged by discriminatory behavior (lost wages or emotional strife).

What is a “protected class”? 
Protected classes are groups that lawmakers protect from discrimination.  Any group that suffers discrimination because of age, sex, race, nationality, disability, creed or religion is considered to be a protected class. 

What is whistleblowing?
Whistleblowing occurs when an employee or former employee reports the misconduct of an employer.  When an employer violates laws, regulations, or rules that are threatening to public interest, they may be subject to whistleblowing.  A whistle blower is the person that reports the employer. 

How can employer retaliation be proved?
If an employer tries to “get back” at an employee for whistleblowing, the employee has to be able to prove the following:

• They engaged in protected conduct.
• Their employer disciplined, terminated, or did something else bas to them.
• Their employer did the bad thing because they engaged in protected conduct.

What are examples of protected conduct?
Protected conduct includes asking for overtime pay, filing a complaint with the department of labor, reporting sexual harassment, serving for the armed forces or reserve, applying for medical benefits or leave. 

If you have further questions regarding employment law or need legal advice pertaining to a labor claim you are thinking about making against your employer, contact an Indianapolis Employment Law Attorney at Sweeney Law Firm today!