Workplace discrimination is a serious offense that could have a significantly adverse impact upon those proven to have committed said offense. That said, proving that such malfeasance occurred is challenging, multi-step process that typically requires the knowledge of an experienced employment lawyer.
Definition Of Workplace Discrimination
This civil offense is described as an employer discriminating against an employee because of alleged prejudices against a personal attribute such as their age, race, ethnicity, gender or sexual orientation. Discriminatory practices could manifest in several forms including not hiring a specific candidate for a job said applicant is qualified based upon specific personal attributes, failing to promote qualified candidates to certain positions, singling persons of certain backgrounds out for unfair disciplinary actions or executing wrongful termination.
Legal Principles Regarding Employment Discrimination
To successfully win a civil action based upon discriminatory employment practices, a claimant is required to satisfactorily demonstrate three important principles:
That They Were Entitled To Such Protections Under Law
The law provides safeguards against employment discrimination for individuals belonging to specific races, ethnicities and groups. The claimant must be considered one of these entities to move forward with a case.
The Employer’s Alleged Malfeasance Was Discriminatory In Nature
The claimant must prove that the specific alleged malfeasant action executed by the employer against the employee was directly attributable to discriminatory practices.
The Ultimate Action Worked To The Employee’s Detriment
Finally, the claimant will ne required to prove that the discriminatory action taken by their employer had some deleterious impact upon the employee such as not being hired or being unfairly fired.
The Procedure For Initiating A Employment Discrimination Claim
unlike other civil claims, a potential claimant cannot merely opine that they were the victim of discriminatory practices and initiate a lawsuit. Law requires that any such claim first be brought to the federal agency known as the Equal Employment Opportunity Commission (EEOC) or a comparable agency located within the state where the alleged act(s) of malfeasance took place.
The claimant will submit to the EEOC or comparable agency what is legally referred to as an administrative charge detailing the employer and the specific discriminatory act said entity was alleged to have committed. Based upon the perceived strength and validity of the claim, upon receiving the individual administrative charge, the EEOC will take one of several steps. Such potential actions include dismissing the charges, filing a lawsuit against the entity in question on the claimant’s behalf, recommend that the claimant and employer resolve said grievances in-house or simply issue the claimant an order to initiate civil action.
The Importance Of Retaining The Services Of An Employment Lawyer
Demonstrating that a discriminatory practice occurred often requires the presentation of specific evidence and a skilled attorney who understands specific laws and can perform important tasks necessary to convince a court that such malfeasance was committed.
A NYC employment lawyer might build a case by conducting investigations of the company or employer in question to discern if any discriminatory transgressions have previously occurred, gathering the claimant’s employment and attendance records at both the organization in question and other places of work, as well as performing interviews with current or past employees to discover if any similar questionable actions have taken place including in an ESOP.