The difference between harassment and discrimination is significant. Harassment refers to unwelcome conduct toward an individual. Alternatively, discrimination involves treating someone differently based on their age, gender, or other characteristics.
If you are a victim of harassment or discrimination, the Shelly Leeke Law Firm can help you. We have more than a decade of legal experience and can review your case and go over your legal options with you. Contact us to speak with our South Carolina employer discrimination lawyer.
What Is the Difference Between Harassment and Discrimination in South Carolina?
Harassment and discrimination involve mistreatment. Among its prohibited practices and discrimination types, the South Carolina Human Affairs Commission forbids discrimination in all aspects of employment. This includes harassment after someone files a charge of discrimination and for other reasons.
Generally, harassment involves misconduct based on sex, religion, and other factors. Jokes, slurs, and name-calling are just a few examples of harassment. Employers must take steps to prevent these and other forms of harassment in their work environments.
Meanwhile, discrimination consists of prejudicial treatment based on various characteristics. Unfortunately, companies may discriminate against workers on the grounds of age, race, and other criteria. If this happens, the victim of discriminatory acts may be able to take legal action against their employer.
Workplace Harassment and Unwelcome Conduct
With harassment, unwelcome conduct can be verbal or physical. This conduct is a form of discrimination. Harassment becomes a violation of a person’s legal rights when it meets the following criteria:
- The conduct is offensive.
- It becomes a condition of employment.
- It creates a work environment that a reasonable person would consider intimidating or hostile.
The Shelly Leeke Law Firm has helped many clients in workplace harassment cases. Let us pursue justice from your employer and help you get the best case results. Schedule a free consultation with us.
Workplace Discrimination and Unfair Treatment
In a workplace, an employee can be treated unfairly due to their national origin, race, or other characteristics. This is discrimination, and it is against the law. In the same way, harassment is a form of unfair treatment, and you can hold an employer accountable for it.
Meanwhile, discrimination can be direct or indirect. It is direct when an employer treats a worker differently based on age, race, or other protected characteristics. Discrimination is indirect when an employer establishes a policy that applies to all workers but does not give certain workers the same rights and privileges due to various protected characteristics.
There are times when discrimination leads to wrongful terminations. If you are wrongfully terminated as a result of discrimination, ask for legal help. A South Carolina wrongful termination lawyer can help you determine if a lawsuit against your employer is warranted.
How to Deal with Harassment and Discrimination
Report harassment and discrimination to your employer immediately. There is also a process for filing a complaint with the state’s Human Affairs Commission. It may be beneficial to consult with a lawyer and let them serve as your legal representative.
In a workplace harassment case, your lawyer can provide guidance as you file a complaint. They can gather evidence that shows how long the harassment has been happening and how your employer has dealt with it. Your attorney may work with you to prove you deserve damages.
With a workplace discrimination case, you can collect proof and report the issue to the Equal Employment Opportunity Commission (EEOC). You have the right to report discrimination by type to the commission. Your body of proof and the complaints you file could help you craft a compelling argument against your employer.
Tips for Workplace Harassment and Discrimination Lawsuits
Partner with a lawyer who has workplace harassment and discrimination case experience. Your attorney can answer frequently asked questions and many others about both topics. They can share tips to help you throughout your legal proceedings, including:
File Your Complaint Immediately
You may have up to 180 days to file a complaint with the Human Affairs Commission and 300 days with the EEOC. With help from your lawyer, you can submit your complaint promptly. Your attorney can explain how to file employment complaints and what to expect after you report discrimination.
Prepare Your Case
Saying you are the victim of discrimination is unlikely to help you achieve your desired case results. Work with your attorney to collect work records and other documentation to support your argument. Your proof will make it clear that you are the victim of discrimination, helping you secure maximum damages.
Engage with Your Lawyer
Along with describing what is the difference between harassment and discrimination, your lawyer offers legal support at each stage of your litigation. Share your legal concerns and questions with your attorney. When you do, you can get insights you can use to make informed decisions as your litigation progresses.
In addition to these things, do not let workplace harassment or discrimination go unaddressed. You may be one of many workers dealing with these issues. By taking action, you can seek justice from your employer, which could help other workers avoid similar problems down the line.
What to Expect After You File a Harassment or Discrimination Claim
An investigation gets underway once you notify the Human Affairs Commission or EEOC about harassment or discrimination. You can provide evidence to show past incidents of harassment or discrimination. The investigation could reveal that there is reasonable cause for your complaint.
You may have the opportunity to resolve your complaint with your employer. You may also file a lawsuit against your employer. This allows you to request damages you can use to recover financially from harassment or discrimination.
In a lawsuit, it helps to have a lawyer who has received many positive client testimonials at your side. This attorney will give your case the attention it deserves. They will advocate for you, pursue justice on your behalf, and help you secure a fair settlement.
Learn More About the Difference Between Harassment and Discrimination
The Shelly Leeke Law Firm has a team in place that can help you determine the difference between harassment and discrimination. If you want to file a lawsuit against your employer for either of these reasons, we can assist you. Contact us to get started.
