The Equal Employment Opportunity Commission requires all employers to treat their employees equally. You want to know if your rights have been violated and find out if you can file a lawsuit against your employer. Here is some information that you will need to be aware of.
Know Whether You Fall into a Protected Class
You will need to be a member of a protected class to file a discrimination claim. The federal government has laws that protect employees from the following times of discrimination:
- Race or color
- National origin
- Gender
- Religion
- Family status
- Age
- Disability
Ever state has its own law that allows people to file discrimination claims if they fall into other groups. For example, some states protect people from discrimination based on their sexual orientation or political views.
Make sure you are in a protected group before you decide to file a lawsuit. Your attorney may be able to provide some perspective on this.
Recourses before a Lawsuit
Most people would rather file a lawsuit as a last resort. You should consider other options first. You can consider speaking with a mediator or arbitrator to help settle the decision outside of court. A mediator will try to help you find common ground with your employer and come to an amicable agreement. An arbitrator would assume the role of judge and create a legally binding decision.
You may want to exhaust these options before filing a lawsuit.
Proceeding with a Lawsuit
You will want to make sure that you understand the litigation process when you are filing a lawsuit. Here are some steps that you will need to take.
Work with Investigator
You will need to speak with an investigator who will try to find out whether or not a violation occurred.
The EEOC will intervene if a violation was found. The EEOC will try to reach a voluntary settlement with the employer. The employer may refuse the settlement, in which case the EEOC will decide whether or not to file a lawsuit against them.
The investigator will issue a Notice of Right to Sue whether if they do not find any violation. The EEOC will also give you the same notice if a violation was found but the EEOC couldnt come to an agreement with the employer and elected not to pursue the case themselves.
File the Lawsuit
You will need to file a lawsuit in court if you decide to pursue it further. You will need to gather all evidence and forward it to your attorney. He will begin the litigation process if he decides that you have a case.
Stand Up for Your Rights
The United States has made substantial progress in advancing equal rights in the past half century. However, discrimination still takes place in the workplace. You will need to learn what your rights are and take the steps to defend them. You may need to file a lawsuit against your employer if he or she isnt willing to make things right.
John H Powell Jr, chairman of EEOC (Photo credit: Wikipedia)