What is Employment Discrimination, and when should I hire an Employment Attorney?

What is Employment Discrimination?

Employment discrimination occurs when an employee or job applicant is treated unfavorably because of specific characteristics that are protected by law. These characteristics include:

• Race
• Color
• National origin
• Sex
• Gender identity
• Sexual orientation
• Age (40 or older)
• Disability
• Religion
• Pregnancy
• Genetic information

Discrimination can manifest in various ways, such as in hiring, firing, promotions, salary, job assignments, training, benefits, and any other terms or conditions of employment.

Examples of Employment Discrimination

1. Harassment: Offensive conduct based on the protected characteristic, creating a hostile work environment.
2. Retaliation: Adverse actions taken against an employee for filing a complaint or participating in a discrimination investigation or lawsuit.
3. Unequal pay: Paying someone less because of their protected characteristic.
4. Denial of reasonable accommodation: Not providing necessary adjustments for a disabled employee or for religious practices.

When Should You Hire an Employment Attorney?

You should consider hiring an employment attorney in the following situations:

1. Facing Discrimination: If you believe you are being discriminated against based on a protected characteristic.
2. Harassment: If you are experiencing harassment at work, creating a hostile work environment.
3. Wrongful Termination: If you believe you were fired due to discrimination, retaliation, or another illegal reason.
4. Retaliation: If you face adverse actions for reporting discrimination or participating in an investigation.
5. Wage and Hour Disputes: If you are not being paid the minimum wage, overtime, or facing wage theft.
6. Contract Issues: If you have disputes related to your employment contract, including non-compete clauses or severance agreements.
7. Denied Benefits: If you are being denied benefits you are entitled to, such as family or medical leave.
8. Whistleblower Protections: If you face retaliation for reporting illegal activities or safety violations at your workplace.
9. EEOC or State Agency Complaints: If you need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or a state agency, or if your complaint has been dismissed or you are unsatisfied with the outcome.

Benefits of Hiring an Employment Attorney

• Expert Advice: An attorney can provide guidance on whether you have a valid claim and the best course of action.
• Legal Representation: An attorney can represent you in negotiations, mediations, or court.
• Filing Complaints: Assistance in properly filing complaints with the EEOC or state agencies.
• Evidence Gathering: Help in gathering necessary evidence to support your case.
• Negotiations: Skilled negotiation for settlements or severance packages.
• Understanding Rights: Educating you about your legal rights and protections under employment laws.

Hiring an employment attorney can ensure that your rights are protected and that you receive fair treatment and compensation if you face discrimination or other illegal workplace practices. Contact The Justice Law Firm, LLC for a FREE consultation.