How Do I Know If I Have A Workplace Discrimination Case?
Nobody wants to experience discrimination in the workplace, but unfortunately discrimination does occur in workplaces across the United States. It’s illegal to discriminate against someone based on age, race, gender, or other protected characteristics, and in many cases employers that are found liable for discrimination have to compensate the person who experienced the discrimination.
Workplace discrimination cases are not the open-and-shut cases they’re sometimes portrayed to be on television, and this is one reason why individuals seeking help with a discrimination suit may wish to hire a workplace discrimination lawyer. A skilled attorney can help you navigate the legal hoops you’ll likely experience during the process, while also providing valuable consultation. Let’s go more in depth in exploring the aspects that are fundamental to a work discrimination case…
What Qualifies as Workplace Discrimination?
Knowing what qualifies as work discrimination is imperative to proving a case successfully. Rarely is it the case that there’s a “smoking gun” (a clear piece of incriminating evidence) in a workplace discrimination case, and thus many cases have to be proven through the use of circumstantial evidence (evidence that is not conclusive by itself).
Federal anti-discrimination law prevents employers in the U.S. from using race or color, sex, age, national origin, religion, disabilities, or genetic information as a basis for firing employees or denying employment to qualified applicants. There are many other instances in which discrimination may play a role (promotions, for example), but the firing of employees or denying employment are the most common issues.
It is also illegal to harass someone because of the aforementioned protected characteristics. Sexual harassment cases may fall within this realm. Sexual harassment refers to unwelcome sexual advances, as well as verbal or physical harassment, that is not sexualized but instead based on one’s gender. There are also instances in which harassment is pervasive throughout an entire workplace, and such hostile and abusive environments are prohibited by law, as well.
Know Which Laws Are Applicable to Your Situation
Though federal law says discrimination at the workplace is illegal, federal law, in this instance, is not applicable to all employers. For example, employers with more than 20 employees are subject to age discrimination provisions, whereas employers who employ less than 15 employees aren’t. Furthermore, federal workplace discrimination law largely applies to employers that have 15 or more employees.
If you don’t believe your employer is subject to federal discrimination law, then you should get in touch with a qualified and experienced workplace discrimination lawyer to see if state or local laws apply.
Hiring an Attorney for Workplace Discrimination
Pursuing a claim for discrimination in the workplace can seem like an overwhelming experience, especially at the outset, and this is one reason why hiring legal representation may be a good idea.Sandberg Law Firm has been helping individuals who were discriminated against at work get the compensation they deserve. Our skilled, experienced, and compassionate attorneys for workplace discrimination will fight for your rights. Contact us now! Call (507) 282-3521.