No one wants to feel discriminated against or treated unfairly for any reason. However, it is essential to remember that discrimination can occur in any workplace and not just in the traditional office environment. As workplace laws and policies constantly change, knowing what constitutes workplace discrimination can be challenging. Below we’ve answered some of your most frequently asked questions regarding unlawful discrimination in the workplace.
How Do I Know If My Employer Is Discriminating Against Me?
Employment discrimination can start as early as during the interview process. It may also occur during a job offer or after you begin employment with your current employer. You might experience age discrimination after you’ve been with a company for many years. If you feel uncomfortable about an aspect of your job or how your boss treats you, ask yourself whether it has anything to do with your gender identity, ethnicity, race, color, religion, sexual orientation, age, or disability status.
It is imperative that you stay vigilant of hostile behavior towards you. Common examples include being treated differently than other job applicants, receiving less pay than others, getting poor performance reviews, or being passed over for raises or promotions.
What to Do If You Are Not Treated Fairly at Work?
If you are being discriminated against at work, make sure you document everything so that you have proof of your claims. Speak with your supervisor or HR about the situation to bring it to their attention.
If you feel you can’t talk to HR or your manager directly, you can always talk to an experienced attorney who will help you determine the next steps.
Can I File a Lawsuit for Workplace Discrimination?
You have the right to sue if you think your rights were violated under Title VII of the Civil Rights Act of 1964 or the Americans With Disabilities Act (ADA). Each law prohibits discrimination based on race, color, religion, sex, sexual harassment, national origin, age, disability, or genetic information.
To prove that you were discriminated against, you need evidence such as emails, documents, texts, or notes that show exactly what happened.
Do I Need a Lawyer to Pursue a Case for Employment Discrimination?
An experienced attorney knows the ins and outs of workplace discrimination law and will ensure that you get the compensation you deserve.
An attorney can also assist you in filing a claim with the Equal Employment Opportunity Commission (EEOC) or the Department of Labor (DOL), depending on which agency handles your state’s anti-discrimination laws.
What Is the Deadline for Filing a Discrimination Claim?
Filing a charge of discrimination within 180 days of the alleged discriminatory act is required by federal law. However, it is important to note that the EEOC must receive your charge within 300 days of the alleged unlawful conduct.
What Compensatory Damages Can I Receive for Discrimination?
Compensatory damages can include backpay, lost wages, medical expenses, emotional distress, pain and suffering, loss of consortium, punitive damages, and other losses.
Is There Anything I Can Do to Stop Discrimination Before It Happens?
The best way to prevent discriminatory practices is to be aware of your rights and responsibilities as an employee. Be proactive about asking questions when necessary. If you see any signs of discrimination in their employment practices or policies, speak up!
Where Can I Find More Information About Workplace Discrimination?
Speak with someone knowledgeable about workplace discrimination to ensure that you understand your options and what you can expect when pursuing a claim.
Levine & Blit has experienced attorneys who understand New York and federal discrimination employment laws. Please call us today at (212) 967-3000 or contact us online for a free case evaluation.