Working with a Moncks Corner employer discrimination lawyer is one of the most important decisions you can make if you feel you were discriminated against while at work. You may have legal recourse if you can show you were discriminated against while working for your employer. Both federal and South Carolina state law puts in place requirements that all employers must treat people fairly.
At Shelly Leeke Law Firm, we work hand-in-hand with those who have been treated unlawfully or unfairly in a wide range of legal matters, including employment discrimination. Even if you are not sure if you have a case, contact our Moncks Corner employer discrimination lawyer right away for a free consultation.
What You Should Know About South Carolina Employment Laws
Employee discrimination happens more often than many people realize, and in every situation, it is unfair and, often, unjust. South Carolina has laws in place to restrict this type of behavior. Any business that has 15 or more employees must comply with these loans, which fall under the South Carolina Human Affairs Law.
However, the burden of proof lies on the shoulders of you, the employee. If you do not know what your rights are, or you are unsure of the legal options available to you, that puts you at a disadvantage. Our team can provide clear, honest insight into what your legal options are in these matters.
Federal Employment Laws
Federal employment regulations also exist. This falls under the governing of the U.S. Equal Employment Opportunity Commission. There are numerous prohibited employment practices and policies in place to minimize the risk of being treated unfairly. Some of those rules make it illegal for employers to discriminate against a person based on factors such as a person’s:
- Race
- Religion
- Sex (including their gender identity and sexual orientation)
- Pregnancy
- Color
- National origin
- Age (for those over the age of 40)
- Genetic information
- Disability
Federal law in the U.S. puts in place a very clear message. That is, discrimination of any type does not belong in the employer-employee relationship. Talk to a Moncks Corner employer discrimination attorney today.
Where Discrimination Happens
Federal and state law outlines very specific types of discrimination as well as when such discriminatory behavior is illegal. Here are some examples:
- Job advertisements: Employers cannot advertise in any way that discriminates against any classification listed above, both in terms of inclusiveness or exclusion
- Application and hiring processes: Employers cannot choose one person for a job or another based on these discriminatory areas. They cannot base any of their hiring decisions on assumptions or stereotypes in any of these areas.
- Job assignments: An employer cannot use these factors to make decisions about the type of job one person can or cannot do. An employer can tell an employee they cannot take a specific position if they cannot physically do the job.
- Job promotions: The same rules apply to job promotions – they simply cannot be made based on any of these factors.
- Pay and benefits: Employers must use other metrics outside of these discriminatory factors to make decisions about pay and benefits for employees, including raises over time. That includes insurance, access to overtime hours, sick and vacation leave, and other benefits.
- Discipline and discharge: Employees cannot be disciplined or discharged from their job based solely on these factors.
Also note that, when it comes to disability, employers must be able to make reasonable accommodations to meet the person’s needs. They are not obligated to do this if it would cause significant expense or difficulty to that employer, though.
South Carolina Law Goes Further
South Carolina laws, including S.C. Code Ann. §16-17-560, take this a bit further. For example, this component of the law makes it illegal for a South Carolina employer to terminate an employee due to their political beliefs. It also makes it illegal to fire employees because they practice those political rights and privileges.
What You Should Do if You Believe You Have Been Treated Unfairly
Knowing when to file a claim or lawsuit against an employer is not easy to do. You may be unsure if you have a case, or you may not want to lose your job. However, you have rights under federal and state law, and employers must follow them.
You can file a claim for any of the above violations if you feel you have been treated unfairly. You can do that through the Equal Employment Opportunity Commission at the federal level or through the South Carolina Human Affairs Commission at the state level. In either case, you will need to provide ample information and guidance about your losses and what occurred.
If the court sides with you, you may be eligible for compensation for the losses you have incurred. Our goal as an employer discrimination lawyer in Moncks Corner, SC, is to provide you with transparent information about your rights, including which court to file such claims in and how to develop a legal strategy to support your outcome.
Filing a Claim at the Federal Level
If you file a claim at the federal level:
- The employer is given notice of the investigation into your claims within 10 days.
- Mediation may be the initial step that the organization recommends.
- If further action is necessary, it may take up to 10 months for a decision to be made.
In some situations, the case may go to trial. Other times, the employer may cooperate with the government to settle the matter. Call our employer discrimination attorney in Moncks Corner, SC, today. Review our case results to see how we have helped others in the same situation.
How Our Employer Discrimination Lawyer Can Help You
Working with our Moncks Corner employer discrimination lawyer can help you overcome the challenges you are facing right now. We will listen to what has occurred and provide you with insight into your rights and legal options. At this point, you do not have to make a decision to go forward.
Our team will work with you to determine the legal strategy that meets your goals and then take those actions. With years of experience and dedication to providing our clients with exceptional legal representation, you can count on Shelly Leeke Law Firm for all your legal matters. Contact us now for a free consultation.
