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Employment Discrimination: Know Your Rights

Feb. 6, 2019

There are several anti-discrimination laws which prohibit employers from treating their workers differently based on their attributes that are unrelated to job performance. When an employer shows prejudice behavior against an employee due to certain characteristics or background, it causes a violation of guarantees for due process and equal protection provided by the constitution of the United States.

What Constitutes as Employment Discrimination?

It is important to understand that not all types of classifications are eligible for protection against workplace discrimination. Individuals are protected against discrimination based on their age, gender, sexual orientation, race, pregnancy, medical history, national origin, and religion. Moreover, it is also prohibited for employers to show prejudice based on their employee’s marital status or political affiliation or views.

What Types of Conduct are Prohibited?

There are different types of conduct that may constitute employment discrimination; some of the key ones include the decision to hire, fire, or promote. Moreover, an employer must not discriminate when determining salary, bonus, and holiday vacation time.

Additionally, any sort of harassment or provocation due to certain characteristics of an employee may also constitute as employment discrimination and lead to severe consequences for the employer. If you have been a victim of any of these conducts and believe that you have a valid claim, you can hire an employment discrimination lawyer to initiate legal action.

Do You Need a Lawyer to File an Employment Discrimination Claim?

Firstly, an employee must file a complaint with the Equal Employment Opportunity Commission (EEOC). If their investigation finds that your claim is valid, the EEOC will work with both parties involved in the case to reach a settlement. However, in case the case does not settle, an employee will be issued a “right to use” letter, which will enable them to initiate a legal claim against the employer.

Employment discrimination cases can be extremely complicated and difficult; therefore, it can be highly beneficial for your case to procure legal services of a competent employment discrimination lawyer.

There are many options available in such cases including, but not limited to, hiring, promotion, reinstatement, and back payments. A skillful employment discrimination lawyer will devise a strong case in your favor and protect your legal interests throughout the litigation process.

If you want to know more about this subject or want to schedule a free consultation, contact the Law Office of Michael Smith to talk with an experienced employment discrimination lawyer.