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Discrimination Lawyers

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What Qualifies As Discrimination?

Discrimination occurs when an employer treats an employee unfairly based on characteristics such as race, gender, age, religion, disability, or sexual orientation. This treatment could manifest as biased hiring decisions, unequal pay, harassment, or unfair disciplinary actions. Discrimination is prohibited under federal laws like Title VII of the Civil Rights Act, the ADA, and the Age Discrimination in Employment Act (ADEA).

It’s important to note that discrimination can be overt, such as derogatory remarks, or subtle, like being passed over for promotions without clear justification. Documenting these instances is crucial for building a strong case.

Common Legal Issues & Challenges

One of the primary challenges in discrimination cases is demonstrating that adverse actions were taken due to a protected characteristic rather than other factors like performance. Employers often deny discriminatory intent, making evidence collection critical.

Additionally, navigating the complaint process can be daunting. Employees may fear retaliation or damage to their professional reputation, causing them to hesitate before reporting incidents. An experienced attorney can provide guidance and support throughout this process.

Legal Process for Discrimination Claims

Work with our skilled discrimination attorneys and let us do the heavy lifting.

1

Identify Discriminatory Actions

Record specific instances of discrimination, including dates, comments, and witnesses.

2

Report to HR

Follow your company’s internal complaint procedures to report the discrimination.

3

File a Complaint with the EEOC

Submit your claim to the EEOC or a similar state agency for investigation.

4

Seek Legal Recourse

If necessary, pursue mediation, settlement, or litigation with your attorney’s assistance.

Frequently Asked Questions

What types of discrimination are covered under the law?

Federal and state laws protect against discrimination based on race, gender, age, disability, religion, national origin, and other characteristics.

Can I file a claim if I didn’t report the discrimination to HR?

It’s generally recommended to report discrimination internally first, but failing to do so doesn’t automatically bar you from filing a claim.

What evidence do I need to prove discrimination?

Emails, performance reviews, witness testimony, and patterns of unequal treatment can serve as evidence.

Can I sue my employer directly for discrimination?

In most cases, you must first file a complaint with the EEOC or a state agency before pursuing a lawsuit.