Common Questions About Employment Discrimination
A worker should be measured by their merit – not by deeply personal beliefs or qualities that they cannot change. However, the legal definition of discrimination is complicated.
Who Do I Report Discrimination To?
Many companies retain a human resources (HR) department or an HR manager, who should have a clear understanding of which actions constitute discrimination. However, HR staff protect the company’s interests first, and the company itself might have unfair policies in place. Therefore, reporting discrimination to the Equal Employment Opportunity Commission (EEOC) and taking further steps may be necessary.
Reporting harassment and other forms of discrimination can be intimidating. If you are concerned about retaliation or want to know your full rights, it is advisable to consult an employment law attorney first.
How Soon Do I Need To Report Discrimination?
You must report an act of discrimination to the EEOC within 180 days in most cases. However, federal government employees have less time: 45 days. During this time, you can contact your lawyer, gather evidence and learn about your rights. There are also time limits for initiating a lawsuit if necessary, which depend on the circumstances of your case.
How Much Is A Discrimination Claim Worth?
Every claim has a different value, and the amount you might obtain can change according to the decisions you make. You may be able to settle your case with the company, but it can be difficult to know whether you are getting a fair deal – unless you consult with an attorney before accepting their offer. In a lawsuit, it may be possible to reach a higher amount.
How Do I Prove It Was Discrimination?
Evidence can be illusive in discrimination cases. Verbal exchanges can be hard to prove, but there are several different forms of evidence that can support your claim, such as:
- Notes and records that you create as discriminatory acts unfold
- Emails, chat records or photographs of discriminatory acts and communications, such as the use of racial slurs or symbols of harassment
- Witness testimony from your co-workers or other relevant parties
- A copy of the company’s policies, which may be deficient or unfair
- Evidence that shows how the employer treated workers in a similar role, experience level or job responsibilities
Finding evidence and creating a compelling argument can be challenging. With the help of a lawyer, you can tell your story in full and maximize your chances of getting justice.