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3 Reasons Why an Employee Needs a Discrimination Lawyer

Author: Michael Smith
by Michael Smith
Posted: May 03, 2018
discrimination lawye

Do you know what is the 3 reasons why an employee needs a discrimination lawyer? discrimination in the workplace is prohibited by law and in civil law, an employee may be able to bring a suit against their employer for discrimination. But in order to know whether or not an employee has a claim, how he or she should go about their case, and whether he or she has additional claims are questions a Discrimination Lawyer is usually able to answer. There are many reasons why an employee would need the aid and guidance of a Discrimination Lawyer, but there are three important reasons worth listing.

  1. You need to know if you were actually discriminated against

The list of classes and characteristics that are considered protected by the law is extensive yet the details of that list are not what people believe it to be. For example, an employee may know that age is a protected class, however, he or she may be unaware of what parameters the law has created to regulate discrimination against employees of a certain age such as what age groups are considered protected and what behavior is considered as ageism. Discriminationtakes on many different forms and can be carried out in different ways. Even if an employee feels they are being discriminated against it is a job for a Discrimination Lawyer to hone in on the damning facts in which implicate an employer of discrimination. If you feel as though you are being singled out or treated in an adverse manner at the workplace, it may be helpful to contact a Discrimination Lawyer. A Discrimination Lawyer might be able to gather all the facts of an employee's situation and advise them whether or not their employee rights have been violated.

  1. You need to know which law to sue under

Say what? What do you mean which law? In discrimination matters, it is helpful to have a Discrimination Lawyer to assist an employee in choosing what body of law to sue their employer under. In discrimination cases, the employee who wants to bring a claim against their employer may have a choice of law. This sounds confusing, but basically, there are laws and remedies available under state and federal law. The state and federal laws are similar in many ways, however where they differ can significantly impact the outcome of an employee's case. For instance, under California state law, there is technically more possibilities for the enforcement of the employee's right(s) and/or orders more penalties for an offender. In addition to relief, under state law, an employee may also have the advantage of more protection of their rights. It is also possible under state law to recover an endless amount of compensatory and punitive damages. This means that under state law, an employee suing for discrimination may receive compensation in the form of money for the damage caused by the employer and/or money awarded to the employee in order to punish the employer for their unsavory actions.

Aside from the possibilities of relief an employee may have under state law, unlike federal law, state law does not require that the employee obtain a unanimous jury verdict in order to be successful in their claim. In other words, the employee suing under state law does not need to obtain the complete agreement of all jury members in order to receive an award.

Although state law seems like the way to go, there are many factors and circumstances that need to be taken into account for each individual case. This is again why a Discrimination Lawyer plays an important role in the employer's potential claim. If you or someone close to you is contemplating a discrimination claim against their employer, it would be beneficial to find a Discrimination Lawyer who offers free consultations and no up-front costs.

  1. You need to know if you have more than one claim

If an employee has a discrimination claim against their employer, chances are there are other claims in addition to the discrimination claim. It may not be obvious to the employee as to what other claims may be tacked on to their discrimination claim, but a Discrimination Lawyer may be able to examine the facts of the case and find that the employee's rights were violated in more ways than one. For instance, an employee may have complained about being discriminated against and as a result, the employee was punished. The punishment may come in the form of depriving the employee of their employment benefits, not choosing the employee for promotion even though they are qualified, cutting the employee's hours, reducing the employee's pay, or even demoting the employee. These types of punishments that follow a complaint may give rise to a retaliation claim in addition to the discrimination claim.

Another type of claim that may be added to a discrimination claim is a claim for wrongful termination. This is where an employee was fired because of an illegal reason. An illegal reason may very well be discrimination. In other words, an employee may be fired from their job because he or she belongs to a protected class or possesses a protected characteristic. In addition, an employee may be fired for complaining about something illegal such discrimination which is also considered wrongful termination.

Lastly, an employee may add on a failure to prevent discrimination claim against their employer. Employers are obligated to take reasonable and preventative steps to foster a discrimination-free work environment. Therefore, if an employee has established a discrimination claim then it is likely a failure to prevent discrimination claim would accompany that allegation. If an employee made a complaint about being discriminated against and the employer did not take any steps to prevent future occurrences from taking place, then that also may demonstrate that an employee has a failure to prevent discrimination claim.

By hiring a Discrimination Lawyer, an employee may have the facts of their case analyzed and from there, it may be determined whether or not other claims may be added to the particular client's case. A Discrimination Lawyer who has worked on many discrimination cases and has a high success rate in those particular cases would be the leading type of lawyer an employee should hire.

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Author: Michael Smith

Michael Smith

Member since: Mar 23, 2017
Published articles: 4

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