Employment Discrimination: the Basics
In situations involving termination, demotion, performance improvement plans (PIPs), hostile work environments, or adverse management practices, it is crucial to recognize the potential for discrimination to influence an employer’s decisions, whether intentionally or inadvertently. Understanding the parameters of discrimination is essential for those who feel they may be affected.
What is Discrimination?
Under federal law, it is prohibited for employers to base employment decisions on an employee's race, religion, gender, age, disability, national origin, or genetic information. State laws generally offer broader protections, with some states recognizing over 20 different protected classes. When an employment decision is linked to one of these protected categories, the employer can be held liable, even if the decision originated from a supervisor well below the executive level.
The initial step is to clearly identify the employment action you perceive as discriminatory. This could include a transfer to a less favorable department, termination or demotion, sexual harassment, or working in an environment that fosters constant embarrassment. Engaging with a knowledgeable and experienced employment attorney can provide clarity on whether your situation amounts to discrimination and outline the necessary actions to safeguard your rights.
What is the Equal Employment Opportunity Commission?
It is imperative to act promptly, as employees have a window of 300 days to file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) under federal law. Failing to do so within this timeframe may preclude you from pursuing your claim due to the statute of limitations. These unforgiving deadlines make it important for employees and employers to act quickly when faced with a potential claim.
Once you have determined the allegedly discriminatory act and identified the deadline to file with the EEOC, Fodera Law Firm attorneys can assist in negotiating settlement prior to filing or navigating the EEOC and mediation process
Why the Fodera Law Firm?
Ross J. Fodera, Esq. primary practices employment law before the EEOC and has been successful in secure clients favorable settlements in claims such as:
Wrongful termination
Disparate Treatment
Denial of Benefits
Disparate Pay
Sexual Harassment
Racial Discrimination
Disability Discrimination
Gender and Sexual Orientation Discrimination
Non-selections
Retaliation
Contact the Fodera Law Firm to schedule a consultation for a valuation of your case!
