Frequently Asked Questions About Discrimination In The Workplace
If you are experiencing discrimination, you are likely to have questions. Do you have what you need to build a successful case? What evidence do you need to prove that you are the victim of discrimination? How much time do you have to file? Could you be fired for reporting discrimination?
The Foster Group is prepared to answer your questions about discrimination and help you navigate through your employment law case. Lead attorney Troy P. Foster has served the people of Arizona for more than two decades, and he is dedicated to providing you with the information you need to build a strong case and make informed decisions. With skilled legal counsel, you can protect yourself from discrimination while also protecting your career and your future.
What Constitutes Discrimination?
Discrimination can take a variety of forms, but generally, discrimination involves treating an employee differently based on factors that are protected by law. This can include:
- Disability status
- Race or national origin
- Sex or gender
This difference of treatment can include firing you because of your status, denying you a job or advancement opportunity, not giving you the opportunity to take a day off for a religious holiday or refusing to make a reasonable accommodation that will allow you to do your job while disabled. It can also take the form of smaller issues like creating a hostile work environment or harassment.
Can I File A Discrimination Lawsuit Against Any Employer?
No, you cannot file a discrimination lawsuit against any and every employer. For you to be able to file one of these lawsuits, your employer must have more than 15 employees.
Can My Employer Fire Me For Filing A Discrimination Lawsuit?
No, your employer cannot fire you for reporting discrimination. If they do, that retaliation is also unlawful. They could fire you for another reason after you have filed a claim, however.
Is There A Time Limit to Filing A Claim?
Yes, the law does limit the amount of time that can pass between an act of discrimination and filing a claim. These statutes of limitations can vary depending on the specific law – state or federal – that has been violated, so it is important to have a consultation with an attorney to determine which time limits apply to your specific case.
How Do I File a Discrimination Suit?
Generally, you will start by filing a claim with the Equal Employment Opportunity Commission (EEOC) or the Arizona Attorney General depending on which laws have been violated. You may also file a claim with both agencies. The claim will then be investigated, and your employer will be given the opportunity to correct the issue.
If the government agencies that you have contacted cannot find sufficient evidence of discrimination or if they are unable to improve the work environment, you will be given notice that you can file a private lawsuit against your employer. At this point, you should consider working with an attorney to build a case against your employer.