September 20th, 2012, 5:47 am
Employment discrimination is experienced by employees in their workplace. When a person is treated unfairly due to their race, color, nationality, disability, age, or religion, they are suffering and if you find yourself a victim of employment discrimination, you can sue your employer.According to the Equal Employment Opportunity Commission (EEOC), the highest number of employment discrimination cases was recorded on September 30, 2010. The EEOC’s figures reflected a three-year trend as far as increase in filing of charges and litigation is concerned.
The EEOC figures revealed that discrimination through retaliation is the most common claim. Race discrimination ranks second with sex, nationality, religion, and disability recording new highs.
If you find yourself at the raw end of employment discrimination, there are legal remedies that are available to you. You can lodge a complaint with the EEOC. Likewise, another agency, organization, or individual can file the case for you for your protection, such as the MCAD in Massachusetts. The law requires the filing of the complaint within 180 - 300 days after the incident, depending on what state you work. This will give you enough time to gather the necessary documents and file the complaint.
When it comes to discrimination cases, direct evidence is the most concrete way to prove the case. You can get statements from your superiors or co-employees to strengthen your claim. Cases like these are usually circumstantial. Your chance of winning is dependent on a case to case basis after talking with your lawyer.
In discrimination cases, mediation is possible. This means that if you and your employer are amenable to resolve the incident. If all goes for naught, the EEOC will then step-in to conduct further investigation for the easy resolution of the claim. The burden of proof is on the complainant because the employer can always offer legitimate and non-discriminatory excuses to save their hide.
If the EEOC proves that your employer did commit discrimination, you can be entitled to receive compensation, reinstated, promoted, as may be deemed by the court. You may also be compensated for legal fees or court expenses.
Your lawyer will do everything to ensure a favorable decision. On your part, however, you need to cooperate with your attorney by being honest as possible. Make sure that you keep track of important details such as the date of incident and other vital information. Your cooperation and honesty will be crucial in the outcome of your case.
Leave a Comment
You must be logged in to post a comment.