Discrimination at work happens far more often than we think. It can take the form of refusing to hire qualified applicants, denying an employee a promotion, or even creating a hostile work environment based on specific characteristics such as race, religion, national origin, disability, etc. These actions can significantly impact the lives and career trajectories of hard-working and well-qualified employees like yourself.
If you believe you have experienced discrimination in the workplace, it is vital to understand your rights and options from an experienced Cayce employer discrimination lawyer. At Shelly Leeke Law Firm, we believe in holding employers to the federal and state laws that safeguard employees from discrimination. Contact our Cayce personal injury lawyer for a free case consultation to see if you have a case.
Employment Laws in Cayce, South Carolina
As an employee in South Carolina, your civil rights are protected at federal and state levels. South Carolina faces significant challenges in the area of employer discrimination. The South Carolina Human Affairs Commission (SCHAC) is a dedicated state agency addressing workplace discrimination issues.
Their guidelines protect employees against discrimination involving denial of a reasonable workplace accommodation due to their religion or disability and against any adverse employment actions taken in response to complaints of discrimination or participation in investigations or lawsuits. Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating based on race, color, nationality, sex, or religion. Under these federal and state laws, employees are protected against unfair treatment or harassment due to special protected characteristics, including:
- Age
- Childbirth
- Color
- Disability
- Military status
- National origin
- Race
- Religion
- Sex
- Pregnancy
Examples of Workplace Discrimination
Discrimination can manifest in a variety of ways. Often, discrimination goes unnoticed by the employees it is happening to because they do not know what to look for or have accepted this poor treatment as commonplace. If you are unsure if you have an employer discrimination claim, consult with an employer discrimination attorney in Cayce who can help determine if your employer’s conduct was appropriate.
Workplace discrimination can take many forms, including harassment, wage disparity, benefits denial, denial of raises or promotions, unfair termination or layoffs, and hiring discrimination. You likely have an employer discrimination claim if you were treated differently because of a protected characteristic. Other examples of what workplace discrimination looks like include:
- An employer using racially offensive language or slurs towards a subordinate.
- A pregnant woman is terminated or laid off solely due to her pregnancy status.
- A supervisor is demanding or coercing sexual favors in exchange for career advancement or compensation.
- A supervisor sends offensive images, emails, texts, or other materials.
- An employer is overlooking a religious employee for a promotion due to religious holiday absences rather than work performance.
- A female employee receives lower pay than male colleagues performing the same job with comparable experience.
- An employer refuses to hire or promote an individual based on their sexual orientation or gender identity.
- An employer retaliating against an employee who has filed a complaint about discrimination.
How to File Employment Complaints in South Carolina
You should file a complaint as soon as you feel that your employer is mistreating you due to discrimination. Employees within the state of South Carolina can file a charge of discrimination with the SCHAC or directly with the federal U.S. Equal Employment Opportunity Commission (EEOC). Even if you want to file a lawsuit, you must file a charge with the SCHAC.
Formal Charge of Discrimination
Start the process by filling out this employment initial inquiry questionnaire or go to the SCHAC offices in Columbia, South Carolina, to fill it out in person. Once their Intake Department receives your complaint, they will review all the information to determine if there is a basis for filing. If your complaint is found to have solid justification, a formal Charge of Discrimination will be given to you.
This Charge of Discrimination will then be filed with the SCHAC and the EEOC, and the papers will be served directly to your employer. Your case will be handled either through mediation or investigation or transferred to the EEOC. To understand how to file employment complaints and protect your rights, consult with an experienced Cayce employer discrimination lawyer.
The Importance of Timing in Employer Discrimination Claims
Understanding South Carolina’s time limit for these complaints is crucial to protect your rights and seek compensation. Under the SCHAC guidelines, you have 180 days from the occurrence of discrimination to file a complaint. If 180 days have passed but less than 300 days, your complaint can be processed by the EEOC.
You can only file a lawsuit if you file paperwork within this time limit. Do not delay in getting started. Contact a Cayce employer discrimination attorney to get started today.
Possible Damages in an Employer Discrimination Case in Cayce
The damages you may receive in an employer discrimination case vary greatly depending on the type of discrimination you receive. For example, recoverable damages for a wrongfully terminated employee include lost wages and benefits compensating for earnings and benefits you would have received if the discrimination had not occurred. Or, in other cases, emotional distress and damages for psychological harm could be applicable.
Punitive damages may also be awarded in some cases to punish the employer and deter future discriminatory behaviors. The EEOC discusses punitive damages as one of their list of remedies for employment discrimination and the limits a person can recover based on employer size. To get an accurate estimate of your case value, contact an employer discrimination lawyer in Cayce to discuss your situation.
If you have further questions regarding your potential case, check out our FAQs or contact us directly for personalized answers. At Shelly Leeke Law Firm, we believe in helping employees pursue justice against discriminatory employers. Check out our testimonials from satisfied clients, and know that we will work hard to pursue your rightful compensation.
Contact Shelly Leeke Law Firm for Representation in Your Employer Discrimination Case
Employees should not have to deal with daily workplace discrimination due to protected characteristics. By standing up against your employer, you will obtain justice for yourself and continue to show employers that this behavior will not be tolerated. Contact Shelly Leeke Law Firm for representation in your employer discrimination case today and get started with a free consultation.
