Employment discrimination is a serious legal issue that can have devastating consequences for individuals and families. If you believe you have been the victim of discrimination in the workplace, it is crucial to understand your rights and seek legal advice from a South Carolina wrongful termination lawyer at Shelly Leeke Law Firm.
We will not take a fee unless we win your case, so you have nothing to lose by contacting us for a free, no-obligation consultation to discuss your situation.
Legal Remedies for Employment Discrimination
If you prove that you have been the victim of employment discrimination, you may be entitled to various legal remedies. Our personal injury lawyers will diligently fight for all possible remedies on your behalf. These remedies may include:
- Reinstatement: If you were wrongfully terminated, you may be entitled to reinstatement to your job.
- Back pay: This is compensation for lost wages and benefits.
- Front pay: This is compensation for future lost earnings.
- Punitive damages: In very rare cases, punitive damages may be awarded to punish your employer for egregious misconduct.
- Attorneys’ fees: The court may award attorneys’ fees to the prevailing party.
The laws governing employment discrimination can be complex. Consulting with our experienced wrongful termination lawyers in South Carolina is essential to protecting your rights and seeking justice.
We have glowing testimonials from numerous past clients and are confident we can help you obtain justice, too.
Defining Employment Discrimination
Employment discrimination involves treating an employee or job applicant unfavorably because of characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information.
This form of discrimination can occur in any aspect of employment, including hiring, firing, promotions, salary, job assignments, training, benefits, and any other term or condition of employment. Understanding the complexities of employment discrimination is crucial for employees and employers to foster a fair and equitable workplace.
Workplace Discrimination Examples
Employment discrimination can take many forms. Contact us today if you think you have been discriminated against. The most common types of workplace discrimination include:
- Race and color discrimination: Race and color discrimination involves treating someone unfavorably because they are of a certain race or because of personal characteristics associated with race, such as skin color, hair texture, or certain facial features. This form of discrimination can occur between people of different races or even between people of the same race.
- Sex and gender discrimination: Sex discrimination involves treating someone unfavorably because of their sex, whether male, female, or non-binary, and can include sexual harassment, pregnancy discrimination, and gender identity discrimination. Gender discrimination can also encompass unequal pay for the same work, often called pay inequality.
- Age discrimination: Age discrimination involves treating an applicant or employee less favorably because of their age. The Age Discrimination in Employment Act of 1967 (ADEA) forbids age discrimination against people who are age 40 or older; however, it does not protect workers under 40.
- Disability discrimination: Disability discrimination occurs when an employer treats a qualified individual with a disability unfavorably because of their disability. This includes not making reasonable accommodations for the disability, such as making the workplace accessible or modifying work schedules.
- National origin discrimination: National origin discrimination involves treating applicants or employees unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a specific ethnic background.
- Religious discrimination: Religious discrimination involves treating a person unfavorably because of their religious beliefs. This includes not accommodating an employee’s religious practices unless doing so would cause undue hardship on the employer.
- Genetic information discrimination: Genetic information discrimination involves the misuse of genetic test results, genetic services, or family medical history in employment decisions. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits such discrimination.
- Retaliation: Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity, such as filing a discrimination complaint, participating in a discrimination proceeding, or otherwise opposing discrimination. Under South Carolina law, you cannot be fired from your job for reporting an on-the-job injury or lodging a complaint.
Filing a Discrimination Claim
Proving employment discrimination can be challenging. You may need to establish that you belong to a protected class, that you suffered adverse employment actions, and that there is evidence of discriminatory intent or a pattern of discriminatory behavior.
If you believe you have been discriminated against at work, knowing the steps to file a claim and protect your rights is essential.
- Document the discrimination: Keep a detailed record of the discriminatory actions, including dates, times, locations, individuals involved, and any witnesses. Documentation is crucial in supporting your claim.
- Report the discrimination: Report the discrimination to your employer according to your company’s policies. Many companies have procedures in place for handling discrimination complaints.
- File a complaint: If the issue is not resolved internally, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or the South Carolina Human Affairs Commission (SHAC). You must file your charge within 180 days from the day the discrimination took place, though this deadline can be extended to 300 days if a state or local anti-discrimination law also covers your claim.
- Investigation and mediation: The EEOC will investigate your claim and may offer mediation to resolve the issue without going to court. If the EEOC finds evidence of discrimination, they will attempt to settle the claim, and if settlement is not possible, they may file a lawsuit on your behalf or issue a Notice of Right to Sue, allowing you to file a lawsuit in court.
- Litigation: You have 90 days to file a lawsuit in federal or state court if you receive a Notice of Right to Sue from the EEOC or 120 days to file suit after receiving a Right to Sue letter from the SHAC. It is advisable to seek legal representation from our wrongful termination attorneys in South Carolina to navigate the complexities of the legal process and ensure you do not miss any deadlines.
Shelly Leeke Law Firm’s SC Wrongful Termination Lawyers Can Help You
Do not hesitate to contact our South Carolina wrongful termination attorneys at Shelly Leeke Law Firm if you believe you have been subjected to employment discrimination.
Our experienced team is dedicated to protecting your rights and ensuring that you receive the justice and compensation you deserve. Contact us for a free consultation, and let us help you protect your legal rights.
