Tips in Filing an Employment Discrimination Claims

Federal and state laws prohibits discriminatory practices in a workplace as it deters a person’s good work performance and the right to have equal opportunity on promotions and perks that the company offers its workers.

However, some are still victimized by corrupt practices of employers and co-workers which causes them to lose some of their earnings and have unpaid salary.

So, workers must know tips and reminders regarding the filing of claims and complaints with the Equal Employment Opportunity Commission.

• The EEOC covers institutions and companies that have at least 15 workers.

• Even members of labor unions, employment agencies, and committees can file complaints of discrimination.

• A worker can file discrimination complaints even if he is yet to be hired by the company for as long as he experienced unequal treatment in the selection and recruitment process.

• Workers who are treated differently because of their skin color, age, and other discriminating factors can file a complaint with the EEOC.

• Complaints must be filed by the worker not later than 180 days after the first misconduct was committed.

• An employer can be named as the defendant even if he did not commit the discriminatory act himself. The plaintiff, however, must prove that the employer is aware of the abuse yet still tolerates it.

• Co-workers can file discrimination complaints even if they were not subjected to it but are somehow affected by the maltreatment of one of their co-workers.

• Aside from awarding back pay, the jury will also decide on the amount of damages that a plaintiff will receive once proven that the defendant is proven guilty of committing discriminatory acts.

• In some cases, workers who filed discrimination complaints against their company are retaliated against. Retaliation is illegal as a complainant should never be subjected to retaliation no matter what complaint he has filed against his employer.

After an investigation has been conducted by the EEOC and they find the plaintiff to have a sufficient claim, then, they will issue a “right-to-sue” document which allows the employee to bring his case to higher courts.

Need to Have Lawyers

In filing complaints with the EEOC, they are not expected to have a legal representation but they are assumed to be familiar with legal procedures that will be necessary in the process of filing complaints and appeals.

Workers are advised to first have their complaints assessed by an employment lawyer to determine whether their case will reach the federal courts. If the complaint has merit, then, hiring a lawyer is the best option to take as their expertise will guide them through the process and make sure that their clients will be rewarded with their back pay and lost wages connected with the discrimination.

About The Author To help you pursue claims for employment discrimination, consult with our expert employment attorneys. Visit our website at http://www.attorneyservicesetc.com/ and dial our toll free number.