This blog post will explain everything you need to know about an employment discrimination attorney and what they do for their clients. We’ll discuss the benefits of hiring a specialist attorney in specific circumstances and how to choose the right lawyer. More points and topics will be broached throughout the blog so you get a full understanding of employment discrimination and the laws surrounding it.
What is Employment Discrimination?
The US Equal Employment Opportunity Commission defines employment discrimination as treating an individual differently or less favorably because of who they are, where they come from, or a specific physical quality they possess. The Civil Rights Act of 1946 goes on to note that the following classes are protected under discrimination laws:
- Race
- Color
- Religion
- Sex
- National origin
Updates and additional legislations also include the following:
- Disabilities
- Sexual orientation
- Age
- And more
In simple terms, employment discrimination is when someone fitting in any of these groups is treated unfairly purely because of who they are.
Signs of Workplace Discrimination
The big problem with workplace discrimination is that it can happen in multiple ways. Some signs of it are obvious while others are more subtle. Understanding the signs of employment discrimination is the first step in taking action against it. You may be unaware that you’re being discriminated against, so here are some things to look out for:
- Unequal pay – If you’re being paid less than other people with the same experience in the same role, it could be a form of discrimination. Especially if the only difference between you and other employees is your gender, race, religion, etc.
- A lack of job opportunities – Have you noticed a lack of job opportunities at work? Perhaps other people are being promoted while you’ve stayed in the same role for years. This is a sign of workplace discrimination if your performance warrants a promotion but you’re constantly overlooked for some reason.
- Being forced to do the “bad” jobs – Similarly, you may be constantly tasked with doing jobs nobody wants to do. Everyone gets you to take the rubbish out or do hard labor tasks. This is often a very common form of subtle racial discrimination at work.
- Facing inappropriate comments – Do your coworkers make racist, sexist, or homophobic comments about you? Even if they’re said in jest, inappropriate comments about someone are considered workplace discrimination.
- Physical harassment from coworkers – Going one step further, have you been touched inappropriately by a coworker? It could be a simple slap on the backside or a hand on your arm. Physical contact without consent is harassment and can be classified as discrimination at work.
- Hiring and firing bias – Have you struggled to find a job while people of different ethnicity, gender, or sexual orientation get hired despite you having better qualifications? Perhaps you’ve noticed this in your workplace as there’s no diversity in the hiring process. Even worse, you notice that people of color or individuals who aren’t white males tend to get fired more frequently than others.
- Unfair Consequences – A clear sign of employment discrimination comes when someone suffers harsher consequences for things for seemingly no reason. Maybe you made the same mistake someone else made but you were terminated. This is clearly unfair and a justification must be made or you can sue for wrongful termination.
Benefits of Hiring an Employment Discrimination Attorney
Workplace discrimination is illegal and any claims you make against coworkers or employers should be handled by HR. You have the right to work without being faced with bigotry or unfair treatment because of who you are, so you’d like to assume all of your claims will be taken seriously and the right outcomes are found.
Unfortunately, it doesn’t always work like that. Many people have submitted complaints to HR and got nothing in return after internal investigations. That’s why hiring an employment discrimination lawyer can be extremely advantageous. Working with a proper attorney will yield many benefits:
- Gain a better understanding of the law and what you’re entitled to as an employee
- Use clear evidence to prove your claims
- Have an expert negotiator communicating with your employer to ensure you get a fair and just settlement
- Reduce stress by giving the lawyer the power to handle your case so you have one less thing to worry about
Overall, hiring a discrimination lawyer can get you the right outcome and ensure you receive as much compensation as is legally possible!
How to Choose the Right Lawyer
Picking the right lawyer for a discrimination charge can be difficult as so many will offer their services. Make the right choice by considering these factors before hiring your attorney:
- They must specialize in employment discrimination law
- There should be clear evidence of their track record
- You should be able to find positive reviews and testimonials from previous clients
- They’ve got local knowledge of employment laws in your state/county
- They’re fully qualified and can provide evidence of all qualifications
Understanding Your Rights at Work
Most employees don’t understand their rights at work and will therefore be unaware if they’re discriminated against. As well as noting the signs of workplace discrimination, it’s good to recognize the laws surrounding employee rights.
In North Carolina, the NCBA (North Carolina Bar Association) provides a simple and excellent summary of your rights at work:
“You have a right to work in an environment free of harassment based on race, color, religion sex (including pregnancy), national origin, disability, or age (age 40 or older). You have a right to complain about treatment that you believe is illegal job discrimination.”
Consequently, you are legally entitled to compensation if you’ve been discriminated against at work. It’s not something you have to “take on the chin” – take action against those who’ve wronged you!
Steps to Take if You’ve Been Discriminated Against
Based on what we’ve discussed in this guide, if you believe you’ve been discriminated against at work, you should follow these steps to make sure the right processes are enacted:
- Collect evidence and document all examples of discrimination faced in the workplace
- Report the discrimination internally to the HR department or whoever is designated to deal with these claims
- Ask for a proper investigation into your discrimination claims at work
- Keep a record of all communication between you and the company during this period as further evidence
- Do not retaliate in any way to the investigation – if retaliation happens to you from any accused parties, make a note of it and submit further complaints
- Take legal action if the findings of the investigation are not what you expected or you’re not given the right compensation
The Role of an Employment Discrimination Lawyer
What can an employment discrimination lawyer do for you? In an ideal world, you won’t need one as discrimination shouldn’t happen. Likewise, any discrimination that does happen should be handled internally to the correct standards.
When this isn’t the case, an employment discrimination lawyer is here to provide the following:
- Legal consultation to assess your case and help you understand what you’re entitled to
- Guidance on your legal rights as an employee
- Assist you in gathering relevant evidence to strengthen your case and maximize compensation
- File your complaints and legal documents with the right entities – such as the EEOC
- Take part in all settlement negotiations and mediations to help you get the desired outcome
- Representation during any court proceedings – also includes preparing you for the trials
- Offer guidance on what to do after the case as you seek new employment
Overall, the role of an employment discrimination lawyer is diverse. Millions of people are discriminated against every day without even realizing it’s happening. We hope this guide explains employment discrimination and the signs of it, so you know what to do if it happens to you. Feel free to get in touch with us today if you’d like to speak with a qualified employment discrimination lawyer.
