Workplace discrimination is a pervasive issue that can have a profound impact on individuals’ careers, mental health, and overall well-being. Recognizing the types of discrimination in the workplace is essential for identifying harmful behaviors and understanding your legal rights. If you believe you are experiencing workplace discrimination, it is crucial to seek legal advice.
A North Charleston employer discrimination lawyer can help you understand your rights, assess your situation, and advise you on the best course of action. At Shelly Leeke Law Firm, we are dedicated to helping clients like you by providing dedicated, compassionate, and effective legal representation. Contact us today for a free consultation.
Workplace Discrimination in South Carolina
As an employee in South Carolina, your civil rights are protected by both federal and state laws. Unfortunately, workplace and employer discrimination remains a significant issue for many companies in our state. If you suspect you are experiencing workplace discrimination, do not hesitate to seek legal advice.
Federal laws like Title VII of the Civil Rights Act of 1964 also protect employees against employers who might discriminate against individuals based on race, color, religion, sex, national origin, disability, and age. Beyond these protected characteristics, federal laws also prohibit employers from retaliating against employees who file discrimination complaints or participate in investigations or lawsuits. This means that employers cannot take adverse actions against employees, such as demotions, pay cuts, or termination, as a punishment for reporting discrimination.
In our state, we also have the added protection of the South Carolina Human Affairs Commission (SCHAC). This dedicated state agency was created to enforce various types of anti-discrimination laws and provides resources for victims. Victims of discrimination are able to file discrimination complaints with this state-level organization or directly with the U.S. Equal Employment Opportunity Commission (EEOC).
Examples of Discrimination in the Workplace
There are many types of discrimination that happen in the workplace. Common discriminatory behaviors based on protected characteristics are against the law, and victims of it deserve restitution. Some common types of workplace discrimination include:
- Race and color discrimination: When someone is treated unfairly due to their race, ethnicity, or associated physical characteristics such as skin color, facial features, hair texture, or other factors.
- Sex and gender discrimination: When someone is treated unfavorably due to their gender, whether male, female, non-binary, or non-conforming. This can include sexual harassment, gender identity discrimination, and discrimination against pregnant people. This also includes unequal pay issues based on gender instead of work performance.
- Age discrimination: When someone is treated differently due to their age, particularly over 40, as protected by the Age Discrimination in Employment Act of 1967 (ADEA). This act does not protect workers under 40 however.
- Disability discrimination: When someone is treated unfavorably or a workplace fails to provide reasonable accommodations to persons with disabilities. This could include modifying the workplace to be easier to access for persons who require mobility aids or providing a modified work schedule for a person with neurodivergence.
- National origin discrimination: When someone is treated differently based on their country of origin, ethnicity, or accent or because they appear to be of a specific national origin. This includes harassment, inappropriate jokes, and other issues.
- Religious discrimination: When someone is unfairly treated or judged based on their religious beliefs or practices. Religious discrimination can also involve failing to work with an employee’s religious beliefs or practices unless doing so would impose an unreasonable burden on the employer.
- Genetic information discrimination: When someone is discriminated against based on misusing genetic test results, genetic services, or family medical history in employment decisions. This is prohibited under the Genetic Information Nondiscrimination Act of 2008 (GINA).
- Retaliation: When an employee has adverse actions taken against them by an employer after reporting discrimination or participating in a legally protected activity such as participating in a discrimination proceeding. Employees cannot be fired from a job for reporting an on-the-job injury or lodging a complaint under South Carolina Law.
If you believe you have experienced workplace discrimination, contact us to discuss your options and protect your rights. At Shelly Leeke Law Firm, we are dedicated to helping people stand up against discrimination in the workplace. Contact us for a free consultation to discuss your specific situation.
Types of Discrimination Actions
Workplace discrimination can be obvious or subtle, and it may be difficult to recognize if you do not know what to look for. Many employees may mistakenly accept discriminatory behavior as normal or unavoidable, but it is important to stand up against narrow-minded intolerance and prejudiced behaviors. Early intervention is important to address these issues in the workplace and protect your rights.
For over a decade, the team at Shelly Leeke Law has been representing clients in workplace discrimination cases. Workplace discrimination can manifest in various ways, often leading to significant harm and injustice. Some common forms of discrimination include:
- Harassment: Unwelcome jokes or other conduct based on a protected characteristic, creating a hostile and unsafe work environment for that employee.
- Wage Disparity: Receiving unequal pay compared to colleagues performing work at the same level, often due to factors like gender or race.
- Benefits Denial: Being denied access to benefits or perks that are provided to other employees.
- Unfair Termination or Layoffs: Being fired or laid off due to protected factors rather than legitimate business reasons such as job performance.
- Denial of Raises or Promotions: Being unfairly passed over for promotions or raises due to discriminatory factors.
- Hiring Discrimination: Being denied job opportunities due to a protected characteristic.
Get Help with Your Workplace Discrimination Claim with a South Carolina Attorney from Shelly Leeke Law Firm
If you believe you have been subjected to workplace discrimination, seek legal advice as soon as possible. An experienced South Carolina employment lawyer can guide you through the process of filing a complaint with the SCHAC, federal claims, or pursuing other legal remedies. At Shelly Leeke Law Firm, we are committed to fighting for your rights and seeking justice on your behalf.
Our team understands the emotional toll that workplace discrimination can take, and we are here to provide you with compassionate and effective legal representation. Check out our frequently asked questions for more information or contact us today for a free consultation. We will get started working on your case to bring you the justice you deserve.
