A FULL-SERVICE WORKPLACE DISCRIMINATION LAW FIRM
Workplace Discrimination Attorneys
Have you been the subject of discrimination in the workplace? If so, you may have a viable claim against your employer, and you may need an experienced employment attorney in your corner.
Whether you are in Washington, D.C., Maryland, Virginia, New York, or Texas, there are both federal and states laws that protect you from illegal discriminatory practices.
For instance, these laws prohibit employers from:
- Unfair treatment because of your Race, Color, Religion, Gender, Pregnancy, Sexual Orientation, Gender Identity, National Origin, Age (40 or Older), Disability, or Genetic Information;
- Harassment by others, such as managers, co-workers, or others in your workplace, because of your Race, Color, Religion, Gender, Pregnancy, Sexual Orientation, Gender Identity, National Origin, Age (40 or Older), Disability, or Genetic Information;
- Denial of a reasonable workplace accommodation that you need because of your religious beliefs, disability, or pregnancy, childbirth, or related medical conditions; and/or
- Retaliation because you complained about job discrimination, or assisted with a job discrimination investigation or lawsuit.
If you feel that you have faced illegal discrimination and need to speak experienced attorneys now..
Our firm has attorneys licensed in Washington, D.C., Maryland, Virginia, New York, and Texas.
THINGS TO KNOW RELATED TO YOUR DISCRIMINATION CLAIM
Is your employer covered by the Federal laws prohibiting employment discrimination?
According to Federal Law, an employer must have a certain number of employees to be covered, and that number varies depending on the type of employer. For instance, the number of employees the employer employs may vary if the employer is a private company, a state or local government agency, a federal agency, an employment agency, or a labor union, and the type of discrimination alleged. These baseline numbers are noted as follows:
Business/private employers: The business is covered by Federal law if it has 15 or more employees who worked for the employer for at least twenty calendar weeks (in this year or last). However, if your complaint involves age discrimination, the employer must have 20 or more employees.
State or Local Governments: If you have been discriminated against on the basis of race, color, religion, sex, national origin, disability, or genetic information (including family history), the agency is covered if it has 15 or more employees who worked for the agency in the last twenty calendar weeks. If the discriminatory practice is related to age, the agency is covered no matter how many employees it has.
Federal Government Agencies: All Federal agencies are covered no matter how many employees it has.
Employment Agencies: An employment agency, such as a temporary staffing agency or a recruiter, is covered by Federal law if the agency regularly refers employees to employers. This remains true even if the employment agency does not receive payment for this service.
Labor unions or Joint Apprenticeship Committees: The laws covering discrimination apply to all labor organizations that either operate a hiring hall or have at least 15 members.
Important: It is important to note that there are state laws that may also create liability for discrimination against employers. For this reason, you want to ensure that you retain an attorney that is also licensed to practice in the state that the action may arise.
Why do I have to file a charge instead of filing directly in Court?
The law states that an employee must exhaust their administrative remedies prior to litigating in Court. This means that the employee must first file at the U.S. Equal Employment Opportunity Commission (EEOC) or Fair Employment Practice Agency (FEPA), or risk having their case dismissed when it is ultimately filed in Court.
How long do you have to file a charge?
The discrimination laws provide individuals with a limited amount of time to file a charge of discrimination, against an employer, at the EEOC, or a state or local agency, if one exists. Specifically, in general, you need to file a charge within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that also prohibits employment discrimination on the same basis.
Important: If the discrimination claim is not filed within these time constraints, you may lose your ability to make a claim forever.
How do I file a Charge of Discrimination?
A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination. It is a very serious matter, and it requests that the EEOC take remedial action. Please note that your employer will be notified following the proper filing of the charge. If you choose to file at a FEPA, you need not file at the EEOC, as well. It is automatically “dual-filed” with both the agency and the EEOC. When filing a charge of discrimination, it is important to it correctly and timely. If you are thinking about filing at the EEOC/FEPA, and need an experienced discrimination attorney to assist, schedule a consultation today.