Employment discrimination happens when an employer or a job applicant is treated less favorably due to their race, color, national origin, sex, disability, religion, age, or genetic information. A Goose Creek employer discrimination lawyer from Shelly Leeke Law Firm offers invaluable assistance, advocates passionately, and aims to secure justice. A South Carolina employment discrimination attorney is an invaluable resource for victims.
Victims’ Rights Against Employer Discrimination
Victims of employer discrimination in Goose Creek benefit from numerous rights upheld by federal legislation. These include the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, among others.
Wide Spectrum of Discriminatory Practices
These statutes safeguard individuals from a broad range of discriminatory actions. Unequal pay, for instance, is prohibited when employees are paid less for the same job based on their protected characteristics. The laws also shield individuals from harassment, which creates a hostile or offensive work environment.
Protection Against Retaliation and Unfair Dismissal
Retaliation by employers against employees engaging in legally protected activities is forbidden. This could involve punitive actions for complaining about job discrimination or aiding in a related investigation. Additionally, wrongful termination or unfair dismissal due to discriminatory reasons is illegal under these statutes.
Guarding Against Unfair Promotion and Employment Terms
The laws also guard against failure to promote due to discriminatory factors. This occurs when an employee’s qualifications and achievements are overlooked due to their protected characteristic. Offering unfair terms of employment and providing less favorable conditions to an employee based on their protected characteristic is also deemed illegal.
Recognizing Subtle Forms of Discrimination
Employer discrimination isn’t limited to overt acts of bias. Subtle forms of discrimination, like microaggressions or implicit biases, are also unlawful. Microaggressions involve indirect, subtle, or unintentional discrimination, while implicit bias refers to unconscious attitudes affecting our understanding and decisions.
Right to Report without Fear
Victims of discrimination have the right to report such incidents. They can do so without fear of retribution or reprisal, a right upheld under the same laws prohibiting discrimination. Any retaliatory actions taken by an employer, such as demotion or termination, due to such reports are illegal and can be challenged.
Legal Options Against Employer Discrimination
Several legal pathways are open if you find yourself on the receiving end of employer discrimination in Goose Creek. These avenues are designed to protect your rights, allow for investigation and possible resolution of your claims, and even permit you to bring a lawsuit against the employer, if necessary:
- Filing a Complaint with SCHAC or EEOC: The first step could be to file a complaint with either the South Carolina Human Affairs Commission (SCHAC) or the federal Equal Employment Opportunity Commission (EEOC). They investigate claims, mediate between you and your employer to facilitate a resolution, or issue a right-to-sue letter.
- Engaging in Mediation: Mediation is an option during the complaint process. This allows an independent third party (the mediator) to facilitate a discussion between you and your employer to reach a mutually agreed-upon resolution to the complaint.
- Receiving a Right-to-Sue Letter: After a thorough investigation, if the EEOC or SCHAC concludes that discrimination has occurred, they may provide you with a right-to-sue letter. This letter does not guarantee a successful lawsuit, but it officially authorizes you to seek legal remedy through the courts.
- Taking the Issue to Court: If the above options do not yield satisfactory results, or if you prefer to bypass these processes, you can take the issue directly to court. Federal law requires that victims file a charge with the EEOC before commencing a job discrimination lawsuit against an employer.
Understanding Potential Compensation for Employer Discrimination
Victims of employer discrimination who have successfully proven their case through an administrative body such as the EEOC or SCHAC or in court may be entitled to various forms of compensation. The specific compensation you receive will largely depend on the nature and severity of the discrimination, the extent of your damages, and the details of your specific case. Below are a few forms that such compensation might take.
Back pay is compensation for lost wages, benefits, or other compensation due to the discriminatory act. This includes salaries, bonuses, overtime, vacation and sick leave, and any other benefits you may have lost due to the discrimination.
Front pay is compensation awarded for future lost wages from the date of the judgment until you can find a comparable job. If the court finds that you cannot be reinstated to your previous job due to ongoing hostility or other reasons, you may be awarded front pay.
Compensatory damages compensate for out-of-pocket expenses caused by discrimination, such as medical expenses, job search expenses, or relocation costs. They also include compensation for emotional harm, such as emotional distress, humiliation, damage to reputation, or mental anguish.
Punitive damages are awarded in cases of particularly malicious or reckless acts of discrimination intended to punish the employer and deter similar behavior in the future.
Attorney’s Fees and Costs
If your case is successful, the court may order the employer to pay your attorney’s fees, court costs, and expert witness fees.
The court may also issue an order, an injunction, to prevent the employer from engaging in discriminatory practices in the future. This could also include orders to implement workplace policies or training to prevent future discrimination.
Why Working with a Goose Creek Employer Discrimination Attorney Is Essential
Facing employer discrimination is a challenging experience. Working with a seasoned employer discrimination attorney in Goose Creek can make the process more manageable and significantly increase the chances of success in your case. An employer discrimination lawyer in Goose Creek can provide advice, help you navigate the complexities of the legal system, and ensure your rights are protected.
Legal professionals can help in various ways, such as filing a timely complaint, gathering and preserving crucial evidence, representing you in negotiations, or advocating for you in court. A Goose Creek employer discrimination attorney is well-versed in the intricacies of these types of cases, and their expertise can be invaluable in ensuring you receive the justice and compensation you deserve.
Contact Shelly Leeke Law Firm for a Goose Creek Employer Discrimination Lawyer
The journey from recognizing discrimination to receiving just compensation is not easy, but with the right legal support, it becomes far more manageable. Working with a knowledgeable and experienced Goose Creek employer discrimination lawyer should be one of your first steps toward resolution. Contact us today to learn more.