Discrimination in the workplace occurs when an applicant or employee is treated unfavorably because of his or her race, religion, gender, disability, age, national origin
or genetic information. It is against the law and applies to any aspect of employment, including hiring, firing, pay, job assignments, training and other terms of employment.
Employment discrimination charges
After an employment discrimination charge is filed with the U.S. Equal Employment Opportunity Commission (EEOC), the employer is notified of the charge.
The EEOC will investigate and may request information, interview people, review documents or visit the location where the discrimination took place. Once the investigation is complete, the EEOC will notify the applicant, employee or employer of the outcome, including whether the EEOC has determined that discrimination occurred.
If a charge is dismissed because the investigation did not find a violation of the law, the applicant or employee will receive a notice which gives him or her 90 days to file a lawsuit on their own behalf, if he or she chooses to do so.
In addition, as an alternative, the EEOC may also ask the parties to participate in mediation which may avoid a lengthy investigation. Mediation is not required, but it is an option the parties can consider.
There are several remedies available for employment discrimination including fees, court costs, back pay and other actions that will make the affected individual whole. Damages may also be available for monetary losses and for mental anguish. The employer may also be required to take actions to correct the discrimination and reduce the probability of it occurring again.
An experienced attorney can provide guidance and representation for applicants and employees who have experienced discrimination in the workplace.