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Written by AskTheLawyers.com™
If you were the victim to job discrimination, you should know that you might have the opportunity to seek restitution for your grievances. If you were victimized at work, you should seek legal advice from a qualified attorney. An experienced attorney can see that your rights are protected and help you seek the compensation you are owed under applicable state law.
Discrimination in the workplace can be emotionally strenuous as well as agonizing. When a discriminatory event has happened to you, there is a chance that your career and employment can be in jeopardy. If you or someone you know has been a victim in employment discrimination, it is important to know that there are very strict time limits which cannot be overlooked with regards to filing a claim. If you are seeking restitution for the damages you received as a victim, there are a few distinct protections you should be aware of. Seeking the support of a qualified attorney can benefit your case in ways you may not even foresee. An experienced attorney will not only guide you through the process, he or she will also champion for your rights as a job discrimination victim.
Legal Protections Against Workplace Discrimination
If you have been victimized in the workplace due to discrimination, there are anti-discrimination laws that protect you. It is important to note that anti-discrimination laws apply to most workplaces but do vary from state to state. This is where a local workplace discrimination attorney will provide specific information and resources to your particular case. A limited list of workplaces that these laws may apply includes: Private Companies; Government Agencies; and/or Labor Organizations.
Further, while you may have more protections as a United States Citizen, you can nonetheless be protected despite your immigration or naturalization status. If you are unsure of what you are legally protected for and if your workplace incident falls under discrimination, contacting an attorney can benefit you.
Understanding Your Rights
There are federal laws that prohibit employment discrimination. You have civil rights that protect you on the basis of your race, color, age, disability, sexual orientation, and religion. While this is a limited list, these categories represent what an employer cannot legally take any form of adverse action against your person due to your inclusion in these protected statuses. This limited list displays what is also known as protected categories in which an employer cannot take any form of negative action against you.
Based on this list, an employer or supervisor cannot legally: Fire you, Demote or suspend you, Refuse to hire you, and/or Discipline you in an unequal manner based on your protected status.
While not all negative connotations are listed, if your supervisor has taken a negative action against you, you may have the right to file a claim and seek restitution for the damages you received.
Forms of Restoration
When you have been victimized at work due to discrimination and you have then decided to file a complaint, taking your case to court can grant you restitution for the damages you received. In the event that are successful in your case, you can be granted one or more of the following: Compensatory Damages; Front/Back Pay; Punitive Damages; Attorneys' Fees; and/or Workplace Reinstatement.
While it is not common, the court hearing your case can order your employer to reinstate you to the job you performed when the incident took place. Further, you can also be awarded the money you would have otherwise received had you not been discharged.
The Process of Filing a Complaint
If you have been victimized due to workplace discrimination and are seeking restitution for your grievances, you are required to file a complaint of the discrimination with the United States Equal Employment Opportunity Commission. The Equal Employment Opportunity Commission is a federal agency that will see to investigate all of your claims in regard to employment discrimination. Once you have filed a claim, the agency will send your claim to your supervisor, or other overseeing agent. The agency will then require him or her to respond to your accusations. In some situations, the federal agency will attempt to have the parties mediate the dispute in an attempt to bring the claim to a quick close. Should the parties decline to mediate, the Equal Employment Opportunity Commission will complete the investigation and will often grant what is known as Notice of a Right to Sue. The Notice of a Right to Sue is essentially permission from the agency to file a federal discrimination lawsuit. It is important to note that throughout this process, you are entitled to the support of an attorney who will not only guide you through the process but importantly make sure all correspondence, requirements and timeframes are met to protect the integrity of your claim.
Seeking Professional Support
Workplace discrimination can be a difficult situation to experience. You can often be outcast among your peers, which can often lead to embarrassment, depression, and other forms of severe emotional pain. While workplace discrimination can be difficult to prove, it should never be tolerated and federal and state laws are in place to protect your rights to work and earn free of discrimination. If you feel that you have been victimized at work due to discrimination, you have the legal right to file a claim and seek compensation. Filing a claim can help you recover financially due to the hardships you endured and can also help you seek damages for the emotional distress you faced. Be mindful of the difficult process and strict time restrictions you will face when filing for a claim. Seeking the help and support of an experienced and qualified workplace discrimination attorney can help you throughout the process. nondiscriminatory workplace.
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