Do You Have A Workplace Discrimination Lawsuit?

On many occasions, some things happen on the job, which you may find unfair, unkind, unpleasant, or downright insulting. Generally, poor management is often responsible for workplace discrimination. It could be a colleague or employer who may dislike or be mad at you. Whatever the case, the occurrence may or may not be unlawful. An employer’s decisions can be unfair, based on assumptions or false information, and still not be illegal. Discrimination occurs when your employer treats you differently based on your protected status. If the decision is made based on categories protected by the federal anti-discrimination laws, it is unlawful.

What are the Protected Statuses?

The federal anti-discrimination laws protect employees against discrimination based on:

• Gender
• Race
• Genetic information
• Age
• National origin
• Military status
• Pregnancy
• Religion
• Disability

Different states have varying anti-discrimination laws. Some may even include categories that are not covered in the federal anti-discrimination laws. However, no state can protect fewer categories than the federal law since they apply across all states. Some state anti-discrimination laws may include protection against sexual orientation, gender identity, and marital status. Some counties and cities also have their laws against discrimination, adding statuses such as appearance or weight. Be sure to check which kind of protected statuses are covered in your state.

What Qualifies As Illegal Workplace Discrimination?

If you believe that your employer has discriminated against you for some reason, it is advisable that check if the unfair treatment was illegal. The law against discrimination is quite specific about what makes unlawful workplace discrimination. However, the law does not require that you become an expert on what discrimination cases entail before making a lawsuit. It is recommended that you talk to your lawyer before making any claims of workplace discrimination.

Do You Fall Within The Protected Class?

One of the simplest forms of analyzing if you have a case is determining whether you have a protected case. For example, you cannot file for age discrimination if you are not over forty years. However, it can be challenging to determine whether you fall under the protection of statuses like disability. In this case, you have to determine whether your ailment or condition qualifies as a disability under the state or federal anti-discrimination laws.

Was Your Unfair Treatment Unique?

Your case wouldn’t be strong if other employees received similar “unfair” treatment under the same conditions. If a female employee files for gender discrimination because she was disciplined, her case will not go through if male employees ever received similar treatment for similar conduct. Your lawyer has to determine whether you were served different treatment than what other employees got for similar conduct for your case to go through. To support the case, you have to produce tangible information that other employees you don’t share a protection status with were treated more favorably for the same actions. If there were other employees who have the same protected status as you and were treated less favorably, the employment lawyer might decide to combine the cases.

What Evidence Do You Have?
Even if you are sure you were discriminated against on your job, you have no case if you don’t have evidence of the discrimination. Any information that shows you were treated differently based on your protected status can qualify as evidence. Statements from people who know your differential treatment can be used as evidence. Discuss with your lawyer what evidence will make your case strong. To be compensated, you also have to prove what damages you suffered from your workplace discrimination. Some of these damages may include emotional distress, lost benefits, or lost pay.

About Post Author

Author

See author's posts