If you suffered discrimination at the workplace, then you need to consider speaking with an employment discrimination attorney in Myrtle Beach, South Carolina. Being the victim of employment discrimination can be humiliating and emotionally distressing. Employers cannot do whatever they please simply because they provide financial compensation to their employees. You have the right to stand up for your employment rights.
The Shelly Leeke Law Firm, LLC has over a decade of experience representing clients in employment discrimination cases. Employment law is complex, and many cases involve both state law and federal law. Having an experienced, knowledgeable, and skilled South Carolina employment discrimination attorney on your side can help you enforce your legal rights.
Federal Laws and State Laws Are Relevant to Employment Discrimination Cases
Federal laws exist to protect employees from discrimination. State laws may also be applicable to your employment discrimination case. Speaking to a Myrtle Beach employment discrimination attorney can help you determine which state laws may be applicable to your employment discrimination case.
The following laws may be relevant to your employment discrimination case:
- The Americans with Disabilities Act protects disabled employees from discrimination committed by their employers.
- The Age Discrimination in Employment Act of 1967 protects employees who are 40 years of age and older from workplace discrimination.
- The Pregnancy Discrimination Act is a part of the Civil Rights Act that offers protection against employment discrimination based on childbirth and pregnancy.
- Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sex, national origin, religion, color, and race.
These federal laws are interpreted through the development of case law, and a skilled Myrtle Beach employment discrimination lawyer can advocate for you throughout every stage of your employment discrimination case.
Employment Discrimination Cases in Myrtle Beach, South Carolina
Employment discrimination is not uniform. Many instances of employment discrimination can cover a range of actions. The following are some examples of employment discrimination:
- Wrongful termination
- Unwarranted disciplinary actions
- Denying paternity or maternity leave
- Discriminating against a pregnant employee
- Employee clothing restrictions
- Retaining bonuses and not providing bonus payments
- Not offering a reasonable workspace
- Not offering a reasonable compensation package
- Not promoting employees
These are only some examples of employment discrimination. It is also against the law for an employer to discriminate against employees who suffer from disabilities. Employers also cannot discriminate against employees who file workers’ compensation claims.
Some workers may face different forms of discrimination after they file a workers’ compensation claim. This is unacceptable, and if you have experienced this type of discrimination, you should seek out a Myrtle Beach employment discrimination attorney as soon as possible.
Conduct that Constitutes Employment Discrimination
Some individuals may have a difficult time determining what type of conduct constitutes employment discrimination. If you bring an employment discrimination claim, you must establish that the employer took negative employment action against you, and also that the negative employment action was partly motivated by discrimination. The following are negative actions taken by employers in employment discrimination cases:
- Negative decisions that alter the terms of employment
- Not hiring a potential employee
- Denying advancement
- The use of insulting verbal statements
- Denying an employee health insurance benefits
- Providing an employee with a reduced salary
- Demoting an employee due to their age
Many different types of conduct may constitute employment discrimination. You should carefully examine all the facts and circumstances associated with your employment discrimination case. By presenting this information to an employment discrimination lawyer in Myrtle Beach, you can make sure that you understand which legal claims you may assert against your employer.
Sometimes it is ambiguous whether a certain type of conduct is discriminatory. You do not have to perform extensive research before filing a grievance regarding employment discrimination.
Filing a Report with HR
You can file a report with the human resources department at your employer even though you are unsure of whether the conduct is discriminatory or not. However, if you believe you have suffered discrimination, it is best to trust your instincts and use your own judgment. In the vast majority of cases, if a certain behavior makes you feel belittled, neglected, or emotionally harmed, that behavior is likely discriminatory.
Steps to Take if You Suffer Employment Discrimination
The following steps should be taken by you if you suffered employment discrimination of any kind:
Draft a Complaint
Draft a complaint to submit to the appropriate government agency before filing a civil lawsuit. You must adhere to federal law when you are pursuing employment discrimination claims, and you must file an administrative charge with the Equal Employment Opportunity Commission or a state employment agency. You must exhaust your administrative remedies before you can file a civil lawsuit against your former employer.
Report the Discrimination to HR
If you are still employed, you should report the discriminatory conduct to the human resources at your place of employment. The report should be in writing, and it is important to follow the complaint procedure set forth in your employee handbook. Also, make a copy of your report and keep it somewhere safe.
You need evidence that you put the employer on notice regarding the discriminatory conduct. An employer may be able to investigate the discriminatory conduct and put into effect corrective measures. You should also make copies of all written communications between yourself and your employer.
Put the Liable Party on Notice
Speak to the individual who is discriminating against you. Putting the potentially liable parties on notice is important to any employment discrimination case. If your case goes to trial, you will need to set forth all the evidence that demonstrates you notified the employer about the offensive and discriminatory conduct.
Contact the Shelly Leeke Law Firm, LLC Today if You Suffered Employment Discrimination
Employment discrimination can sometimes be difficult to detect if you are not aware of which behavior constitutes discrimination. The Shelly Leeke Law Firm, LLC has more than a decade of experience representing clients in employment discrimination cases. We strive to empower you after being humiliated and abused by an employer.
You do not have to be ashamed of being fired after pointing out workplace discrimination. Contact us today to schedule a free consultation regarding your employment discrimination case.
