South Carolina and federal laws prohibit employment discrimination. Employees are protected from discriminatory treatment based on the employee’s race, sex, age, medical condition, or other characteristics.
If you feel you have been treated unfairly or differently at work, contact a South Carolina employer discrimination attorney from the Shelly Leeke Law Firm today. We can meet for a free initial consultation to help you learn more about your options.
The Most Common Types of Employment Discrimination
Employment discrimination cases are complex, and documentary evidence is often necessary to substantiate a worker’s claims of employment discrimination. The following are the most common types of employment discrimination:
- National origin
- Race discrimination
- Pregnancy discrimination
- Gender discrimination
- Age discrimination
- Disability discrimination
Marital status, genetic information, and other identifiers may be associated with employment discrimination claims. Discrimination can occur in many different contexts, and sometimes employees may not understand when they are experiencing discrimination.
Types of Behavior that Constitute Employment Discrimination
An employee who wants to assert employment discrimination claims must demonstrate that the employer committed adverse action against the employee. Also, the employee must show that the negative treatment was caused by discrimination. The following are common types of behavior that constitute employment discrimination:
- Not hiring a prospective employee
- Reducing salary or employment benefits
- Transferring an employee to an undesirable location
- Demoting an employee
- Demanding that an employee quit
- Firing the employee
Other types of conduct may also constitute employment discrimination. Speaking to an employment discrimination lawyer will help you determine if you suffered this type of treatment at your place of employment.
Remedies or Damages Available in Employment Discrimination Cases in South Carolina
Damages are typically divided into economic damages and non-economic damages. Economic damages are those damages that can be quantified. Non-economic damages are more subjective and are less likely to be measurable with a receipt or bill.
Compensatory damages are intended to compensate the victim for the losses they suffered due to employment discrimination. These damages can include lost earnings and other financial benefits that an employee lost due to the discrimination they experienced at the workplace.
Some employees lose their jobs because of employment discrimination. Under these circumstances, a terminated employee may seek non-economic damages such as emotional distress damages and loss of enjoyment of life. These losses are particular to the employee and are subjective; therefore, the amount will vary depending on the facts of the employment discrimination case.
Punitive Damages
An employer discrimination attorney in Summerville’s fees and costs are also recoverable in employment discrimination cases. Punitive damages are reserved for cases in which the defendant has engaged in willful, wanton, or malicious conduct. The purpose of punitive damages is to punish the defendant and deter them from committing the same conduct in the future.
Oftentimes, punitive damages are awarded if a defendant engages in conduct that harms society as a whole.
Paying for an Employment Discrimination Lawyer
Employment discrimination lawyers accept payment on a contingency fee basis. You will only pay if the employment discrimination is successful in winning your case. Typically, a percentage of the final settlement or judgment is deducted to pay for the legal services incurred during the representation.
Using a contingency fee basis can help clients obtain the legal representation they need. The fee structure also motivates employment discrimination lawyers to work diligently on behalf of their clients.
The Equal Employment Opportunity Commission and Employment Discrimination Claims
The Equal Employment Opportunity Commission (EEOC) is an important entity in all employment discrimination cases. Employers may not retaliate against any person solely because they initiated an employment discrimination case or filed an employment discrimination charge. All employers with at least fifteen employees are covered by the Equal Employment Opportunity Commission.
If you experienced discrimination in the workplace, then you can reach out to the Equal Employment Opportunity Commission to report the discrimination. Speaking to a knowledgeable employment discrimination lawyer will help you learn more about the role the EEOC will play in your case.
Substantiating Your Legal Claims
You should obtain all the evidence possible that can substantiate your legal claims. Witness statements, audio recordings, photographs, and video recordings are some of the most common types of evidence used in employment discrimination cases.
A superior may have discriminated against you based on your race, religion, age, or gender. However, you need to make sure that you review all the records in your possession to determine if you have any evidence documenting the discrimination.
Opposing counsel will scrutinize your claims, so it is vital that you collect and present a sufficient amount of evidence to satisfy the burden of proof. Typically, in civil lawsuits, the burden of proof is either a preponderance of the evidence or clear and convincing evidence.
Retaining an Employment Discrimination Lawyer in Summerville
Workplace discrimination lawyers specialize in this area of the law. Many different fields may be applicable to an employment discrimination case. Therefore, it is important that you seek out an experienced employment discrimination lawyer who can represent your interests.
Employers may deny any wrongdoing or discrimination on their part. The attorneys representing the employer may be skilled and knowledgeable about employment law. These are the reasons why you need to retain an employment discrimination lawyer if you want to seek financial compensation for your damages.
It may take time for you to go to work and take care of your family while attempting to handle an employment discrimination case. Civil lawsuits are technical and tedious. An experienced Summerville employment discrimination lawyer can handle every aspect of your case to make sure that your legal rights are enforced.
Contact the Shelly Leeke Law Firm Today to Schedule a Free Consultation
The Shelly Leeke Law Firm has years of experience representing employees in employment discrimination cases. It can be difficult to know where to turn once you realize your employer has been violating your legal rights. Our experienced attorneys can provide you with information about employment discrimination cases.
You may be afraid to discuss any potential employment discrimination claims you may have against your employer. Contact us today to share your story with an experienced employment discrimination lawyer. You can schedule a free case evaluation to begin learning more about how to hold your employer accountable.
