Are You Having Problems at Work?
If you are having problems at work with your managers or supervisors, an attorney with experience in labor and employment law can be critical for you. That is because employment disputes often bring into play an overlapping body of laws and regulations that carry with them important deadlines. It is important to understand that some workplace disagreements can, at times, involve forms of unlawful discrimination, harassment, wrongful discipline, wrongful termination, wage violations, leave rights, disability accommodation, retaliation or contract-related issues. A lawyer whose practice concentrates in the area of labor and employment law can evaluate the facts that are particular to your case, identify the legal claims that may apply under both federal and state laws, help in assuring essential evidence is preserved and assist the client in avoiding mistakes that could undermine a claim before it is ever filed.
How Are You Protected By Federal and State Civil Rights Laws?
Federal and State Civil Rights acts are intended to protect employees from acts of discrimination. The types of conduct that these statutes bar include discrimination based on certain protected characters including the following:
Race
Ethnic and National Origin
Gender (includes discrimination against someone who is gay or transgender)
Pregnancy
Age
Disability
Religion
Veteran Status (in some limited circumstances)
These protections prohibit an employer from discriminating in any manner against an employee in what the law calls “terms and conditions of employment.” These “terms and conditions” would include such things as hiring, wage and benefit rates, discipline, promotions, work assignments and all forms of disciplinary actions up to and including termination.
These protections also cover conduct that the law considers harassment or maintaining a hostile work environment, where the harassment or hostile environment targets you because of one of the protected characteristics listed above.
Do You Have Any Protections If You Complain About Discrimination?
Federal and State Civil Rights Laws also protect employees who complain (for themselves or on behalf of other victims of unlawful discrimination) about such forms of discrimination. This protection extends to complaints (oral or written) made inside the work setting to supervisors or managers. This protection also covers those who file complaints about such discrimination with outside agencies such the Equal Employment Opportunity Commission or the state and local civil rights agencies. An employer is prohibited from taking any adverse action against an employee who makes such complaints. Such adverse action can include things like unfair disciplinary write-ups, demotions, denial of promotions, work assignments, and termination.
What Remedies Do You Have If You Are The Victim of Discrimination?
If you have been the victim of discrimination on a basis prohibited by Federal or State Civil Rights Laws, those statutes provide for remedies generally intended to place that person in the position the employee would have occupied absent the discrimination. Depending on the facts, available relief may include hiring, reinstatement, promotion, restoration of lost seniority, back pay, lost benefits, and front pay where reinstatement may not be feasible. Courts also have the authority to enter orders requiring the employer to stop discriminatory practices. In most cases, a prevailing claimant may also recover attorney’s fees, litigation expenses, and court costs.
Additional monetary relief may be available depending on the statute invoked and the nature of the discrimination. In cases involving intentional discrimination under certain federal statutes, a claimant may seek compensatory damages for out-of-pocket losses (such as loss of wages and benefits) and emotional distress to compensate individuals for the emotional suffering directly resulting from the unlawful discrimination or retaliation. Depending on the facts, in some cases punitive damages may be awarded where the employer’s conduct was malicious or recklessly indifferent to protected rights. Other statutes may allow liquidated damages, particularly in certain age or pay discrimination matters.
How Can an Employment Lawyer Help You?
An employment attorney also provides practical value because employers and their insurers are often guided by experienced human resources professionals and defense counsel from the outset. Counsel familiar with labor and employment law can advise on an array of employment related legal matters. An experienced labor and employment lawyer can also assist in interactions with agencies such as the Equal Employment Opportunity Commission and the Kentucky Commission on Human Rights and other state and local agencies. Because these cases can be both legally and factually complicated, early legal guidance may improve the chances of resolving a dispute through negotiation or administrative proceedings. Where early resolution is not possible, a qualified labor and employment lawyer is instrumental in preparing your case for litigation. In many cases, the right attorney helps a client understand not only whether unlawful forms of discrimination occurred, but also what evidence needs to be collected (often from the employer) to prove unlawful discrimination or retaliation and what relief is realistically available. Remedies can vary based on the employer’s size (number of employees), the legal theory asserted, and whether the claim proceeds under federal or state law. So, it is important to have an experienced labor and employment lawyer conduct a careful case-specific assessment for you to determine the full measure of relief that may be pursued at the earliest stages.
Our labor and employment team at O’Hara Taylor has been advising and representing employees with unlawful discrimination cases for decades and, if you have been a victim of discrimination, we would be happy to assist you as well.