Find relief knowing you’re following the right steps for your employment discrimination case.
Every individual possesses the undeniable right to equality – the ability to retain their dignity and hold the respect of others as an equally contributing member of the human race.
However, workforce practices across the nation often communicate exactly the opposite. Contrary to human equality, employment discrimination occurs far more often than one would think. With over 89,000 charges of workplace discrimination being filed with the EEOC in 2015 and $525 million being awarded for victims of employment discrimination, it’s evident that the framework of our country still harbors a skewed view of true equality for all mankind.
Employment discrimination is a reality that cannot be ignored. However, it is also one that can be changed. Each complaint filed, each case won brings the gavel one step closer to ultimate justice and equality.
So what can you do if you are experiencing employment discrimination?
We’ve given you an employment discrimination outline below to highlight the necessary steps from beginning to end that you will need to take.
Employment Discrimination: Course of Action
#1 Identify the Discrimination
We’ve compiled a comprehensive checklist to determine if the actions and/or environment you experienced at work could be considered employment discrimination. Take our employment discrimination test and begin identifying your workplace injustices.
#2 Act Immediately
Employment discrimination cases are time sensitive. In most states, you have 180 days from the time of the last incident to file a complaint with the EEOC (Equal Employment Opportunity Commission). If filed after the prescribed deadline, the charge will be denied due to being considered an ‘untimely charge’. Some state and local laws may have extended time deadlines, but always check with a knowledgeable legal professional before waiting too long.
#3 Determine Your Rights
There are various online tools designed to help you determine your rights in a given situation; however, consulting with an experienced employment discrimination lawyer can greatly clarify the situation for you and provide needed direction.
#4 File Your Charge
Your first step of action concerning the actual legal process should be to file a claim with the EEOC. You can begin the process by contacting the EEOC by phone or in person. They will then review your initial case information and assign you to a local field office for further communication.
You can also send a signed letter to the EEOC explaining your charge, including the following information (as listed on the EEOC’s website):
- Your name, address, and telephone number
- The name, address and telephone number of the employer (or employment agency or union) you want to file your charge against
- The number of employees employed there (if known)
- A short description of the events you believe were discriminatory (for example, you were fired, demoted, harassed)
- When the events took place
- Why you believe you were discriminated against (for example, because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information)
- Your signature
#5 EEOC Mediation
After case information has been reviewed and the EEOC has determined that your claim needs pursuit, they will begin a mediation process to settle the charge between you and your employer. This process takes 3 months on average, but can take up to 10 months. If your case has been in mediation for 10 months and no conclusion has been reached, the EEOC will then dismiss your charge with a ‘Notice-of-Right-to-Sue’. At that point, you are able to take the next step in the process – file a lawsuit.
#6 File a Lawsuit
After your notice from the EEOC, you then have 90 days to actually file your lawsuit through the legal system. While you can attempt this step without the help of any legal professionals, we don’t recommend this. There are various complexities involved in an employment discrimination case that can work to your detriment if not handled properly. An experienced employment discrimination attorney will be able to walk you through the entire process, effectively avoiding any pitfalls and snags along the way. Your case deserves the best legal attention available. Make sure that you seek proper representation before attempting to file your employment discrimination case.
Contact TMH Law for Employment Discrimination Cases
For legal guidance, contact the attorneys at the Law Offices of Thomas More Holland. Starting with a compassion for those that have been wronged at work, TMH Law attorneys fight with unrivaled tenacity and focus for each of their clients. Call TMH Law today to schedule your initial consultation with one of our experienced attorneys.