Employment discrimination occurs when a person is treated unfairly at work due to their involvement in a specific class. Under federal law, a person cannot be discriminated against for race, ethnicity, religion, sex, disability, age, or citizenship in the workplace. In New York, a person can add marital status, sexual orientation, political activities, extracurricular activities, and criminal accusation among the matters which are illegal to discriminate against someone.
Step-By-Step Guide to Discrimination Claims
If a person is terminated, demoted, paid unequally, not hired from prejudiced reasons, or faces adverse impact based on a company policy that affects a certain class of individual, they may be eligible to file a discrimination claim. Should a person file a discrimination claim against their employer, their employer is legally prohibited from retaliating against the employee.
In order to file an employment discrimination claim, a person must:
- Find a local Equal Employment Opportunity Commission (EEOC) office to file the claim at after the incident occurs
- File the claim within 180 days of the date of the incident
- Profile personal information, employer information, details of the incident, and relevant dates
- Allow the EEOC to investigate the claim, which may involve providing more information or interviewing with EEOC officials
- Receive the resolution of the claim from the EEOC
If the EEOC determines that discrimination did occur, they will provide compensation allowances that could include being hired for the job, receiving a promotion, or back pay that was owed.
Should the EEOC be unable to resolve the charges against a person's employer, the person is able to sue their employer for discrimination. Should a person choose to sue, it would be best to contact an attorney that specializes in discrimination cases in their area.
If you or a loved one has faced employment discrimination, be sure to keep careful records and documentations of the incident, and work with a discrimination attorney right away. DeLorenzo, Grasso & Dalmata knows that employment discrimination can cause undue personal hardship, and is here to ensure that you get the compensation you deserve. Call our firm today!