Workplace Discrimination: When to Consider Speaking With an Employment Attorney
Not every unfair workplace decision is illegal, but employees are protected from discrimination based on certain characteristics. If you believe you are being treated differently because of your race, color, religion, sex, pregnancy, national origin, age, disability, or other legally protected status, it may be worth having an employment attorney review what happened.
Workplace discrimination can affect hiring, pay, promotions, discipline, job assignments, accommodations, and termination. It can also be subtle, which is why understanding your rights and preserving evidence early can be important. Federal law protects employees and applicants from discrimination based on several protected characteristics and also prohibits retaliation for reporting discrimination or participating in a discrimination proceeding.
1. Discrimination Does Not Always Look Obvious
Workplace discrimination is not limited to openly discriminatory comments.
It may involve being disciplined more harshly than similarly situated employees, repeatedly passed over for promotions, denied opportunities, treated differently after disclosing a pregnancy or disability, or terminated under circumstances that appear inconsistent with how other employees were treated.
The facts surrounding the decision often matter just as much as what was said.
2. Keep Records of What Is Happening
If you believe discrimination may be occurring, documentation can become important.
Keep track of significant events, including dates, conversations, disciplinary actions, performance reviews, changes in job responsibilities, and complaints you made to management or human resources. Save relevant emails, text messages, policies, and other documents that you are legally permitted to keep.
An employment attorney can review this information and help determine which facts may be important to a potential claim.
3. Be Careful Before Resigning or Signing Documents
Employees sometimes feel pressured to resign after workplace problems develop. Others are presented with disciplinary documents, performance improvement plans, severance agreements, or releases of claims.
Before making a major decision or signing an agreement, consider speaking with an attorney. The way an employee responds to workplace events can affect the legal options available later.
4. Reporting Discrimination May Give You Additional Legal Protection
Employees are generally protected from retaliation for opposing unlawful discrimination or participating in certain discrimination investigations or proceedings.
Retaliation can include termination, demotion, harassment, reduced hours, unfavorable assignments, or other actions taken because an employee raised a discrimination concern. The EEOC specifically recognizes protection against retaliation for reporting discrimination or participating in an investigation or lawsuit.
If you are considering making an internal complaint, an attorney can help you understand how to clearly document your concerns.
5. There Are Deadlines for Employment Discrimination Claims
Employment discrimination claims can have strict filing deadlines. Under federal law, many discrimination claims require an employee to file a Charge of Discrimination with the Equal Employment Opportunity Commission before filing a lawsuit. Depending on the location and type of claim, the EEOC filing period is generally 180 days and may extend to 300 days when an applicable state or local agency also enforces a law prohibiting the discrimination.
Because the applicable deadline depends on the circumstances, waiting too long to seek legal advice can affect your options.
6. An Attorney Can Help Determine Whether You Have a Claim
Feeling that something was unfair does not automatically mean that unlawful discrimination occurred. Employment discrimination cases often require a careful review of the employer's stated reason for its decision, the employee's work history, treatment of comparable employees, workplace communications, and the timing of events.
An employment attorney can help separate a difficult workplace situation from conduct that may violate employment law and explain what options may be available.
How Vanderpool Law Firm Can Help
Vanderpool Law Firm represents employees in workplace discrimination, retaliation, sexual harassment, wrongful termination, and other employment law matters. We can review the circumstances of your employment, analyze workplace records and communications, identify potential legal claims, draft correspondence to employers, negotiate potential resolutions, assist with administrative proceedings, and pursue litigation when appropriate.
If you believe you have experienced discrimination at work, speaking with an attorney early can help you understand your rights, preserve important evidence, and determine the appropriate next steps.
Contact Vanderpool Law Firm to request a free, confidential employment law case evaluation.