Workplace discrimination can take many forms, from unequal pay to harassment and wrongful termination. Employees facing discrimination have legal avenues to address these injustices and seek redress. Both the EEOC and other relevant departments encourage affected employees to fight against such discrimination. This includes educating on how to sue an employer for workplace discrimination and more.
However, most victims do not know how to take action. If you identify with this struggle, we’ve got you covered. This guide provides a step-by-step approach to filing a lawsuit against an employer for workplace discrimination, ensuring you understand your rights under federal law and the legal process involved.
Before starting with the more technical details, let’s take a step back and review what workplace discrimination really means.
Understanding Workplace Discrimination
Workplace discrimination occurs when an employer treats an employee unfairly due to race, color, religion, sex, national origin, age, disability, or sexual orientation.
Federal laws such as Title VII of the Civil Rights Act, the Equal Pay Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act (ADA) protect employees from discrimination. Violations of any of these laws are a serious offense and can be challenged legally. However, for this, you need to know how to recognize employee discrimination cases.
If you believe your employer has violated these laws, you may have grounds for a discrimination lawsuit.
Recognizing Employment Discrimination Cases
Discrimination in employment can manifest in different ways, such as:
1. Unequal Pay:
Employees performing the same job but receiving different wages due to gender or race.
2. Age Discrimination:
Employers making decisions based on an employee’s age, violating the Age Discrimination in Employment Act.
3. Sexual Harassment:
Unwelcome sexual advances or a hostile work environment that affects job performance.
4. Disability Discrimination:
Employers denying reasonable accommodations to employees with disabilities, violating the Americans with Disabilities Act.
5. National Origin Discrimination:
Employers showing bias against employees based on ethnicity or country of origin.
If you experience any of these forms of discrimination, you have the legal right to take action against your employer.
Filing a Charge of Discrimination with the EEOC
Before you can file a lawsuit, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) or a state employment agency. The EEOC is the federal agency responsible for investigating workplace discrimination claims.
Steps to File a Complaint with the EEOC
Gather Evidence:
Document the discrimination, including dates, locations, conversations, and witnesses.
Submit a Signed Statement:
Your complaint must include a signed statement detailing the discrimination.
Provide Employer Information:
Include your employer’s name, address, and telephone number.
Choose Mediation:
The EEOC may offer mediation, which is a voluntary process to resolve disputes.
EEOC Investigation:
The agency will investigate your charge and determine if discrimination occurred.
Right to Sue Letter:
If the EEOC finds evidence of discrimination or closes your case, they will issue a right-to-sue letter, allowing you to proceed with legal action.
Filing a Discrimination Lawsuit
Once you receive the right-to-sue letter, you can proceed with your discrimination lawsuit. Here’s how:
1. Hire an Employment Attorney
Navigating employment discrimination laws can be complex. Hiring an attorney experienced in employment law will help you build a strong case. Your lawyer will:
- Assess your claim’s validity.
- Help you file your lawsuit within the statute of limitations.
- Represent you in court if necessary.
2. File a Lawsuit in Court
Your employment lawyer will help you file a lawsuit in federal or state court against your employer. The lawsuit will outline the discrimination you faced and the damages you seek, such as lost wages, emotional distress, and punitive damages.
3. Discovery Process
During discovery, both sides exchange evidence, including emails, performance reviews, and witness statements. This stage is crucial for proving that discrimination occurred.
4. Settlement or Trial
Many employment discrimination cases are resolved through settlements. However, if a settlement isn’t reached, your case will go to trial, where a judge or jury will determine the outcome. This is where an experienced employment lawyer can help save your case.
Protections Under Federal Laws
Various discrimination laws protect employees from workplace discrimination, including:
- Title VII of the Civil Rights Act: Prohibits discrimination based on race, color, religion, sex, or national origin.
- Equal Pay Act: Requires men and women to receive equal pay for performing the same job.
- Age Discrimination in Employment Act: Protects employees aged 40 and older from age-related discrimination.
- Americans with Disabilities Act: Ensures reasonable workplace accommodations for employees with disabilities.
Understanding these laws can help you determine if your rights have been violated and if you should take legal action.
What to Expect from the EEOC Process
The Equal Employment Opportunity Commission (EEOC) is responsible for investigating discrimination claims. Unfortunately, the process can take months or even years. However, having a lawyer and substantial evidence can expedite the process.
EEOC Filing Process
- Filing a Complaint: Submit your charge online, by mail, or in person.
- Case Investigation: The EEOC may interview witnesses and request company records.
- Mediation: If both parties agree, the EEOC may arrange mediation to resolve the dispute.
- Final Determination: The EEOC will either take action against the employer or issue a right-to-sue letter.
Key Considerations When Filing a Lawsuit
- Time Limits: You typically have 180-300 days to file a charge, depending on your state.
- Burden of Proof: You must demonstrate that discrimination occurred and harmed you.
- Employer Retaliation: Federal law protects employees from retaliation after filing a complaint.
- Union Representation: If you belong to a union, your representative may assist you in the process.
Examples of Employment Discrimination Cases
Several high-profile cases highlight the impact of workplace discrimination and the importance of legal action:
- Gender Pay Discrimination: A female executive sued her employer for paying her significantly less than her male counterparts despite doing the same job.
- Age Discrimination: A company was fined for laying off older workers while keeping younger, less-experienced employees.
- Racial Discrimination: An African American employee filed a lawsuit after being repeatedly passed over for promotions in favor of less-qualified white colleagues.
Conclusion
Taking legal action against an employer for workplace discrimination can be daunting, but understanding your rights and the legal process can empower you.
Whether you are facing discrimination in employment based on age, race, gender, national origin, or disability, know your options. The EEOC, employment agencies, and legal professionals can help you file a complaint, pursue a discrimination lawsuit, and seek justice.
Sue An Employer for Workplace Discrimination with BLG
If your employment opportunity has been unfairly compromised, you have the right to sue your employer and hold them accountable under federal law. Our professionals at Bourassa Law Group can help you fight the discrimination lawsuit.
Our employment attorneys are well-versed in employee discrimination cases and can easily guide you about it. Just share your case with us.
1-800-870-8910