Employment discrimination occurs when an employer uses bias to make decisions regarding its personnel or applicants. Employment discrimination law stems from the U.S. Constitution and is codified in a patchwork of state, federal, and case law.
Are You the Victim of Employment Discrimination?
If you think your employer acted with discrimination based on age, color, disability, national origin, race, religion, sex, or pregnancy, you should immediately consult with employment discrimination attorney. The attorney can assess your situation, apply the applicable law, advise you if you have a valid case, and take action to achieve the compensation you deserve.
How long does a discrimination lawsuit take?A lawsuit or settlement negotiations can take months or even years to play out, but every case is unique, and will depend on the circumstances of your case. If there is a lot of compensation on the line, it’s likely that your case may take longer. Your attorney can advise you about what to expect.
How do you prove employment discrimination?Just like with any other type of lawsuit, it will require evidence to prove your claims. If you think you are the victim of discrimination at your workplace, then it is important to document what you can. Save all email correspondence, phone messages, and performance reviews or other documentation that may prove your claims. Also, think about anyone you work with who would be able to corroborate your claims.
What age is considered old enough for age discrimination?In the eyes of the federal government, you can be the victim of age discrimination if you are 40 years old or older. Some state laws lower that age threshold. But if you are under 40, it will be difficult to press ahead with an age discrimination lawsuit.
Best Time to Seek Legal Help
No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.
Tips on Approaching an Initial Attorney Consultation
- Use the consultation as a means of gaining a better understanding of your legal situation.
- Ask the attorney how many cases similar to yours he/she has handled. An attorney’s experience and knowledge can speak to their expertise (or lack of) in addressing your situation.
- Your attorney should be able to articulate roughly how long a case like yours will take to resolve and what sort of procedures to expect.
- Determine how comfortable you are working with the lawyer and/or law firm.
How to Find the Right Attorney
- Determine the area of law that relates to your issue. Attorneys specialize in specific practice areas around legal issues within the broad field of law.
- Seek out recommendations from friends, family, and colleagues. A successful attorney or practice will typically have many satisfied clients.
- Set up consultation appointments to get a better understanding of your case as well as gauge your comfort level with different attorneys. Find the attorney who is the right fit for your needs.
Common legal terms explained
Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.
Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.
Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.