Employment discrimination occurs whenever an employer wrongfully engages in conduct—called an “adverse employment action”—that injures the employee in his or her employment. Such conduct is not limited to outright termination of employment, but can include such actions as failure to promote, a demotion, a bad performance evaluation, or workplace harassment. However, merely being treated poorly by an employer is not enough; the discrimination must be based upon the employee’s membership in a class of persons that the law has chosen to protect, such as discrimination based upon race, gender, age, disability, religion, sexual orientation or national origin.
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