91% of the US workforce has encountered some type of discrimination. This data comes from the poll made by online job platform site Monster. The Equal Employment Opportunity Commission (EEOC) receives most workplace sexual harassment allegations from women. Pew Research Center research shows that 48% of Black male and 36% of Black female employees have experienced employer discrimination or harassment.
Workplace discrimination lawyer Omid Nosrati says the Civil Rights Act of 1964 and the California Fair Employment and Housing Act prohibit employee discrimination. This means that employers aren’t allowed to discriminate based on ancestry, national origin, mental or physical impairment, military or veteran status, religious creed, sex, or sexual orientation.
The numerous advantages of employing a workplace discrimination lawyer will be explained in this article.
Understanding Workplace Discrimination
Discrimination in the workplace can manifest in various forms. These forms could range from hiring to promotions, trainee selection for training, and assignment and dismissal.
Harassment lawyer Justin L. Ward says it can be difficult to identify the exact cause of a hostile work environment. Jokes or insults made by your coworkers can be annoying or rude but are not necessarily considered harassment.
Recognizing that acts like threats or intimidation already constitute harassment can help you. These actions often hinder you from proceeding naturally with your work and reduce your productivity. Take the appropriate steps and keep yourself educated about your employee rights.
The Civil Rights Act and the Americans with Disabilities Act are some of the labor policies that can protect employees against such conduct. Knowing important details, like the names of those involved and the time of the incident, can serve as evidence when you go to court.
Read Also: What Sexual Harassment Laws Say About the Workplace
Signs You May Need Legal Representation
One of the signs that you need legal representation is if you have been the subject of discriminatory actions for a long period of time. Legal counsel might be needed if your report did not get anywhere and you are still a victim of discrimination.
Another sign that you should get a lawyer is if your employer starts to retaliate after you have taken action against the company.
If you feel that your rights as a worker have been violated, get a lawyer immediately. The assistance of a lawyer will be beneficial if all attempts to resolve the situation have failed.
The Importance of Documenting Incidents
If you are planning to file a case, you should first document all incidents involving discrimination and harassment. Your records of what has taken place throughout each event can validate your discrimination claim.
Write down the dates and times, the addresses, and the names of individuals who may have witnessed the event. Record any remarks or actions related to bias or unfair treatment. The documentation you have collected will support your case and provide information to your lawyer about what really happened.
Know the statute of limitation that applies to your case so that you will not miss any deadline.
Exploring Your Legal Options
Stay informed of your legal rights and the legal process involved for reporting cases of workplace discrimination.
Check the discrimination policies of your company. They might provide a basis for dismissal or filing complaints. Try to file a complaint with the Equal Employment Opportunity Commission (EEOC) or with the fair employment agency of your state before proceeding with the primary mediation or legal action.
If you need assistance, you can seek the help of an employment lawyer, who can guide you based on your situation at work.
The Process of Hiring a Discrimination Lawyer
Understand the process before trying to choose a discrimination lawyer.
Look for potential lawyers by reviewing their experience and client reviews. Make a list of prospective candidates who specialize in workplace discrimination.
Once you have a short list of possible options, set up meetings with them to talk about your case. A lot of experts will let you talk to them for free. Watch how they work and ask about their fees and success rate during the meetings.
Check how at ease you are with the lawyers you’ve picked. Find someone who genuinely cares about your case. You can trust a lawyer to file claims, gather proof, and help you with negotiations. Lawyers are prepared to go to the court on your behalf.
Workplace discrimination can be difficult for an individual to handle alone. A lawyer with experience in employment and workplace discrimination laws can address all legal issues in your case.
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