Understanding Employee Discrimination: How Can An Employment Discrimination Lawyer Help You?

When employees work under someone, they are liable for a safe, equal, and welcoming workspace. Anything that harms your mental peace or puts you in danger is wrong and as an employee, you need to know your rights for better work. Unfortunately, there are situations where employees do not feel safe and are discriminated against. The discrimination against employees can happen in many ways. If you believe you are facing discrimination, you need to know what exactly it is and how an employment discrimination lawyer can help you. So, read on to know more!

A Detailed Explanation of Employee Discrimination

Employee discrimination is a situation or circumstance in the workspace where employees are discriminated against. Discrimination among employees can be based on their caste, gender, color, religion, and preferences. In addition, not all comments related to these are considered as discrimination. When employees feel threatened, unsafe, or declined equal opportunities, it’s called discrimination.

How Does Discrimination happen in the workspace?

There are different ways discrimination can happen in the workspace, as described by an employment discrimination lawyer. Such as:

Direct discrimination: When an employee is facing discrimination directly from a manager or employer due to caste, color, religion, preferences, or any other reason, employees are denied opportunities. These can include discrimination of wages, promotions, inclusion in meetings, projects, etc.
Indirect discrimination: When a practice or policy at the workspace appears to be perfect but is disadvantageous to a certain group, it can appear good on a surface level but indirectly discriminates against certain groups. For example, a requirement for applicants to be clean-shaven can be indirectly discriminatory against certain religious groups. Similarly, some policies made especially for department employees, like sales personnel, may be discriminatory against employees who are not sales personnel.
Harassment: Any act of assault or discrimination where employees feel threatened, unsafe, and targeted, continuously affecting their mental state, is harassment at the workplace. It can impact the physical, emotional, and mental well-being of an employee. For instance, racial or ethnic slurs, asking for sexual favors, unwelcoming remarks, offensive graffiti, and continuous derogatory remarks.
Victimization: When employees start treating their employees in an unfair manner because the employee decided to take action for treating them unfairly, employees are disregarded, treated unfairly, and unfavorably due to demanding their legal rights. Such a situation is the victimization of employees, which is illegal.

What are the employee discrimination laws?

Here are some laws that protect employees from discrimination:

The Equal Employment Opportunity Commission (EEOC) prohibits discrimination against employees based on race, sex, national origin, color, religion, age, genetic information, or disability.
In addition to federal law, many states have their own laws that protect employee rights and ensure they are not discriminated against. The laws ensure employees have equal opportunities and safe workspace irrespective of their caste, race, gender, preferences, or origin.
The Immigration and Nationality Act (INA) prohibits discrimination against employees based on their nationality or citizenship.
These laws are enforced mainly by the Equal Employment Opportunity Commission (EEOC).

How does an employment discrimination lawyer help?

Here are some ways an employment discrimination lawyer can help:

Advice and legal options: If you are an employee facing discrimination in any way, it’s best to take legal consultation. You can share your situation briefly to get guidance on how to proceed legally. In fact, a lawyer will provide you with possible ways to handle the legal aspect. Whether it’s legal notice or representation required in court, lawyers can guide you better.
Negotiating: An employment attorney can negotiate with the employer on your behalf. You might not need court representation; they can settle negotiations outside the court. The employee will put in front all the required points that support your case. They can also negotiate for compensation against discrimination that you have experienced. So you can resolve the matter without going to court.
Legal paperwork: When there is a discrimination case, a lot of paperwork is required to proceed. Whether it’s legal notice to send your employer or demanding compensation or representation in court, every step demands legal documentation. The employment discrimination lawyer will handle the paperwork in detail to ensure your rights are protected and there’s no loophole.

Marjorie Mesidor- Employment Discrimination Lawyer

Marjorie Mesidor offers consultation for discrimination or any information related to employee law. Whether you need court representation or want to prepare contracts, you can consult with us to learn more details.

In Conclusion

Every employee has the right to work in a safe and welcoming workspace. Unfortunately, when employers, fellow employees, or superiors discriminate against employees based on caste, color, and other factors, it affects employees in many ways. The above-mentioned guide provides detailed information on how employees face discrimination. If you are facing the same, consulting an attorney is the best way. So you will know your rights and protect your legal interests.