Are You Being Discriminated Against?
Under Title VII of the Civil Rights Act of 1964, discrimination against an individual based on race, color, religion, or sex is illegal. At PereGonza the attorneys, our Miami discrimination lawyers have found that many times the workplace is responsible for most discrimination and harassment cases. This includes workplace discrimination. But how does one know if they are being discriminated against? Typically, discrimination is going to be very subtle and may be difficult to detect at first. However, just because you don’t see discrimination doesn’t mean you aren’t being negatively impacted by its effects. Discrimination can range from not being offered equal opportunities to being alienated in the workplace. You may have also experienced workplace discrimination if you consistently see less qualified workers being offered opportunities.
Within the Civil Rights Act of 1964 and the Equal Protection Clause of the United States Constitution, all persons should be treated equally. Many people have difficulty navigating the legal route of workplace discrimination alone. At PereGonza the attorneys we’ll be there helping you every step of the way if you choose our legal council. Additionally, our Miami discrimination lawyers offer free case consultations to ensure you receive the equal workplace treatment you deserve.
Gathering Evidence of Discrimination.
Next, you want to begin building your case with evidence that shows the discrimination you’ve experienced. How can I prove discrimination occurred in the workplace? The best type of evidence to gather that will support your case is direct evidence. This may include statements made by your employer that explain the action taken against you to your protected class status. A protected class is a group of people with common characteristics who are legally protected from employment discrimination.
For example, if your employer tells you you’re being fired because you are old and the company is looking for a younger image, you have evidence that your protected class status is being discriminated. Direct evidence like this may be in the form of audio, written letters, emails, or notes.
Filing a Claim.
At PereGonza the attorneys, we recommend speaking with our Miami discrimination lawyers to see what type of claim you should file. There are three different types of discrimination claims that can be filed: 1-discriminatory treatment, 2-disparate impact, or 3-retaliation. When an employee is treated worse because of their race, ethnicity, religion, etc… they may file a discriminatory treatment claim. In the event that the rules of employment discriminate against the members of a specific class, they may file a disparate impact claim. If an employer retaliates against an employee by firing them because that employee complained about discrimination or reported safety hazards they may file a retaliation claim.
After speaking with Miami discrimination lawyers and gathering evidence, you should file a claim with the E.E.O.C. The Equal Employment Opportunity Commission (EEOC) is the entity responsible for enforcing employment discrimination claims. However, you must file a charge of discrimination with the EEOC within 180 days of the incident.
If you feel you have been discriminated in any way please fill out your information below to setup a free consultation with a Miami discrimination lawyer.