Workplace Discrimination. Do I Have a Case?
Discrimination comes in many forms. You may only have a hunch that you have been discriminated against. How do you know if you have a real workplace discrimination case? When should you contact a workplace discrimination lawyer?
5 Things You Need To Know
What is discrimination?
Simply put, if you are not being treated the same as, or less favorably than other employees, this can be discrimination.
There are two types of evidence that can prove discrimination: direct and circumstantial. A workplace discrimination lawyer can help you find the best path.
- Direct Evidence – Direct Evidence is the best way to show you have been discriminated against. For example, you have been directly told by management that you are going to be let go as you reach retirement age. Possibly the company wants a younger image. This is direct evidence.
- Circumstantial Evidence – This evidence is anything else that a manager says or that is not direct evidence. The chances of obtaining direct evidence are not very good. Supervisors are trained not to express their biases and prejudices.
What types of claims can I bring?
The three main types of claims are:
- Discriminatory Intent/Treatment – A Discriminatory Treatment or Intent claim is brought when an employee is treated worse by an employer because if his or her status as a member of protected class or category. Protected Classes are Age, Race, Religion, Sex, Disabled, etc.
- Disparate Impact – A Disparate Impact claim is the effect of an employment policy, rule or practice that is discriminatory. It doesn’t have to be intentional. They can’t exclude a protected class with a policy. For instance, if their policy is that you have to perform a strength test, the unintended policy might exclude a larger number of females candidates.
- Retaliation – Just like it sounds, if you are being treated poorly or adversely because you file a discrimination claim you may have a Retaliation Claim.
What can I do if my employer denies discriminating against me?
This is the hard part. This is why it is wise to call the Disparti Law Group. Once you have established you have been discriminated against, in court, your employer only has to give A reason for terminating you. While you may think you have an excellent case because the employer didn’t come up with a good enough reason for termination. Your employer doesn’t need a good reason, just A reason. The only thing they cant terminate you for is belonging to a protected class.
What can I expect if I win?
There are several different remedies that can be awarded if you win:
- Back Pay: Lost wages resulting from discrimination
- Front Pay: Lost future earnings resulting from discrimination
- Lost Benefits: 401k, healthcare coverage, profit sharing, etc.
- Emotional Distress Damages: Also called pain and suffering, are mental and emotional injuries due to your discrimination
- Punitive Damages: Are intended to punish an employer for particularly bad behavior.
- Attorney’s Fees: You may also win an award of your Attorney’s fees and court costs.
LARRY WINS WORKPLACE DISCRIMINATION CASES!
With over $1 Billion in recoveries for our clients, Larry Disparti knows how to win! Contact our Chicago employment law attorneys today and find out why thousands of our clients say, Larry Wins!
Call A Chicago Employment Lawyer now! (312) 600-6000.