If you have experienced discrimination in the workplace, such as wrongful termination, retaliation, or harassment, you may be able to take legal action against your employer.
A Clifton employment discrimination lawyer from Morelli Law Firm can explain your legal rights, take control of your case, and advocate for your compensation. You do not have to go up against your employer alone.
Recognizing and Taking Action Against Employment Discrimination
There are laws in place to protect you from being discriminated against by employers or other staff members during work-related practices. Knowing what workplace discrimination is and how it occurs can help you identify if you are in a position to file a case against your employer.
What is Considered Workplace Discrimination?
Employment discrimination is any discrimination that takes place while on the job. It may involve bias toward employees or prospective employees during the following processes:
- Assigning job positions
- Pay decisions
- Employer retaliation
Different types of harassment also fall under employment discrimination. Federal laws regarding discrimination in the workplace protect from bias based on personal factors, including:
- Sex or gender
- Color or national origin
- A person’s disability
You Can Sue for Workplace Discrimination
You may be able to take action against your employer for workplace discrimination if you experienced the following, according to the Equal Employment Opportunity Commission (EEOC):
- Harassment, either physical, mental, or emotional
- Unfair treatment based on your race, age, religion, etc.
- Being denied a necessary and reasonable workplace change
- Being asked inappropriate questions about your genetic/medical information
- Employer retaliation when you complain about job discrimination or cooperate with discrimination investigation proceedings
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We Advocate for Victims Facing Many Types of Workplace Discrimination
Employment discrimination can occur outright, such as during conversation, or it may take place through emails, phone calls, during interviews, and other forms of communication. The following are ways employers can discriminate against current and potential employees:
Sex and Gender Discrimination
According to the EEOC, Title VIII of the Civil Rights Act of 1964 protects against sex discrimination due to sexual harassment, pregnancy, sexual orientation, or a person’s gender status. The Equal Pay Act of 1963 (EPA) protects men and women from unfair workplace processes based on their sex.
For example, if you were denied a promotion because you are a woman or not hired solely because you are pregnant, you may have a case against your employer. We were able to secure $800,000 for a plaintiff whose boss made discriminatory remarks about her pregnancy.
The EEOC states that the Age Discrimination and Employment Act of 1967 protects from age discrimination that includes:
- Setting age preferences or limitations for employees
- Discrimination in apprenticeships
- Denying or reducing benefits for older employees
Discrimination Against Race, Color, and Ethnicity
If an employer discriminates against you based on your race, skin color, or national origin, you may have reason to file a lawsuit against them. This includes discriminating against you because of your accent or for belonging to a specific ethnic group.
There are multiple laws that protect employees or potential employees from discrimination based on a disability. According to the U.S. Department of Labor, together, these laws protect differently-abled people from:
- Not being hired due to their disability
- Being denied reasonable accommodation for their disability
- Being asked about their disability before being hired—an employer may only ask about a prospective employee’s ability to perform job functions
Religious Beliefs Discrimination
If you submit a request to an employer due to a religious belief, they must honor it and make accommodations unless the request would place an undue hardship on their business. A Clifton employment discrimination lawyer from our firm can help you identify religious and other types of discrimination in the workplace and take action against your employer.
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How Workplace Discrimination Cases Work
When you are ready to take action, there are a few steps you must follow in order to file a complaint against your employer. These steps include:
- Reporting the discrimination in your workplace
- Filing a report with the EEOC
- Filing your employment discrimination lawsuit
Filing a Report with the EEOC
The first thing you may want to do after experiencing workplace discrimination is file a complaint with your employer. In fact, your employer should have a written procedure for this in their employee handbook or another related manual.
If there is no formal guidance available to you, you should still be able to report it to your human resources department.
Should your internal complaint not be resolved, you can file a formal report with the EEOC. A complaint must be on file with the EEOC before you can file a discrimination lawsuit against your employer.
Filing an Employment Discrimination Injury Lawsuit
If you are unsure how to file with the EEOC, a lawyer from our firm can help. For this reason, you may want to consult with us before filing your EEOC complaint.
We can help you file with the EEOC, ensuring you have all the necessary evidence and documentation. Then, our team will help you bring your case against the employer.
What Can a Clifton Employment Discrimination Lawyer Do for You?
In addition to helping you file your complaint with the EEOC, an employment discrimination lawyer from our law firm can help you in a number of ways:
Proving Employer Liability
One facet of your case will involve showing that they either discriminated against you directly or allowed discrimination to occur. We will need evidence of the discrimination that occurred, such as recordings, written communication, and witness testimony.
This proof can show their liability for the discrimination you experienced. We know how to demonstrate your employer’s liability and can gather evidence to help support your case.
Offering Support and Guidance
An attorney from our firm will also act as your communicator, offer you support, and provide legal advice as needed throughout the process. We aim to ease your concerns and advise you as you make difficult decisions.
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Get Help for Discrimination in the Workplace Today
Filing a discrimination lawsuit against your employer may help you restore fair treatment on the job and set a precedent for future employees. Learn how a Clifton employment discrimination lawyer on our team can help today. Contact Morelli Law Firm at (212) 751-9800 for your free consultation to get started.