Is It Time to Hire a Workplace Discrimination Lawyer?
When do you know it’s time to hire a workplace discrimination lawyer? It’s ideal to understand all the details.
Read more here.
Introduction
Your job or career is your livelihood. And, depending on your situation, it could be more than just you relying on your paycheck at the end of the day. So, when it comes to experiencing discrimination based in the workplace, it can not only affect you mentally, but it can also impact the quality of life for you and your family.
There are laws in place that are to protect you from suffering at the hands of an employer, supervisor, manager, and others in the workplace. But they can only be enforced if they are made aware something is happening.
Have you experienced workplace discrimination? Are you currently experiencing it? If so, it could be time to hire a workplace discrimination lawyer to halt these illegal practices.
What is Workplace Discrimination
According to the Civil Rights Act of 1964, it is against the law for employers to discriminate against employees or potential employees during all aspects of employment based on skin color, race, religion, sex, or national origin. The U.S. Supreme Court ruled that it also protects employees based on their sexual orientation. The United States Equal Employment Opportunity Commission enforces these laws.
There are many factors that can be the subject of workplace discrimination. These include:
- Age
- Ethnicity
- Gender
- Genetic information
- Mental disability
- National origin
- Parenthood
- Physical disability
- Pregnancy
- Relationship/spouse
- Skin color
This discrimination usually comes when one of the above is used as discrimination in the form of:
- Unfair treatment
- Harassment by managers, co-workers, or others in the workplace
- Retaliation
- Illegal requests to disclose personal information
- Denial of reasonable requests for change based on a disability or religious belief
Workplace discrimination can be blatant or subtle – and some may even wonder if it really just happened. But, it is important to address these situations as it is the only way to bring to light an issue.
Examples of Employment Discrimination
Workplace discrimination doesn’t just fit one mold but rather can occur in many different ways. Some you may recognize, others, not so much. So, if something feels wrong to you, it may be worth looking into deeper. In the meantime, below you will find a list of examples of employment discrimination to give you an idea of what it is all about.
- Paying two different employees with the same qualifications different salaries to do the same job.
- Denying benefits or compensation to certain individuals, but not the whole group.
- Discriminating against individuals when it comes to maternity leave, military leave, or even retirement.
- Stating in a job listing that a certain type of job candidate is more preferred over another.
- Not hiring an individual based on one of the reasons states above, such as skin color, sex, and so forth.
- Issuing promotions or layoffs using discriminatory practices.
A lot goes on within a workplace and there are so many different ways in which discrimination can rear its ugly head.
How a Lawyer Can Help
Proving workplace discrimination is tough – which is why having a lawyer on your side is crucial in winning your case. Sometimes this discrimination may not be so boldly displayed, which makes it so difficult to prove, even though it seems evident.
Hiring an experienced workplace discrimination lawyer can help you to:
Determine whether or not you have a case for discrimination. Some workplace practices are just unfair, but may not be considered illegal under the law. An attorney can review the circumstances surrounding your claim.
Gather the necessary evidence to prove the case. An experienced attorney knows what is needed to prove these types of claims and thus knows just what to look for in finding the right evidence.
Determining the damages. An attorney will be able to review your case and all the surrounding circumstances to determine just how much your case is worth. Of course, they can also let you know if your case is strong enough or may fall on the wrong end of a cost-benefit analysis.
Know your options. Finally, with the experience of the lawyer, you will get a better idea of your options. You may be able to send a letter and discuss settlement with the employers or it may require filing a lawsuit.
Preparing For Your Consultation
When you feel that it is time to hire a lawyer for your workplace discrimination case, then it is important to prepare for your consultation. You need to make sure that the attorney has a very good idea of your case before you can ensure they have experience in cases like yours. After all, you are looking for experience.
You will want to gather all necessary documents that are related to your case, such as:
- Any emails, company policies, handbooks, etc. regarding your claim
- A written document containing verbal communication/statements that were made or descriptions of certain physical situations
- Employee/employer contracts
- Employment records
- Medical records, police reports, or property damage reports if applicable
Each case is going to be different from the next. So, it is impossible to give you an exact or specific list. So put together those things that you think will have any sort of impact on your case and bring them with you to meet the attorney.
When Should You Hire a Workplace Discrimination Lawyer?
After all that, you may be wondering just when you should hire a workplace discrimination lawyer, right? When is it the right time? You should hire a lawyer right after the discrimination occurs.
According to California’s AB9, the statute of limitations for filing a claim against your employer is three (3) years from the date of the incident. However, the sooner you can address the situation, the better.
Hiring a workplace discrimination lawyer is a vital step in receiving the acknowledgment and compensation you deserve. For one reason or another, discrimination happens every single day in the workplace. Unfortunately, many people take it and don’t fight it, only allowing others to undergo the same wrath.
If you have experienced workplace discrimination, it is time to hire a lawyer now.
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