how to select a good employment lawyer harassment and discrimination

How to choose the right employment lawyer for You?

If you have used a lawyer for a non-employment matter (e.g., to write a will or to defend you in a criminal case), then you should ask the attorney for a recommendation of an employment lawyer. Other lawyers are well positioned to know the reputations of various employment lawyers and can steer you in the right direction.

How can a discrimination lawyer help me?

Discrimination lawyers can help if you feel you’re being treated unfairly in an employment relationship based on a protected class (race, color, national origin, religion, sex, disability, age, citizenship status, and genetic information).

What are employers'responsibilities to prevent unlawful harassment in the workplace?

Employers have a responsibility to provide a safe work environment for their employees. This includes taking reasonable measures to prevent unlawful harassment in the workplace. ... Read more

What are the laws against discrimination in the workplace?

Federal, state, and local laws prohibit discrimination in the workplace on the basis of race, religion, sex, disability, and many other characteristics. ... Read more Learn your workplace rights when it comes to religious discrimination and reasonable accommodation. ...

How to prevent discrimination in the workplace?

Use methods of administration subjecting employees to discrimination. Select a location that excludes or denies them benefits. Deny an employee the opportunity to participate in an advisory or planning board, if the occasion arises.

Which act prohibits discrimination in hiring, firing, and other terms of employment based on a person's

Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, firing, and other terms of employment based on a person’s religious affiliation or beliefs.

What is disability discrimination?

Titles I and V of the American with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 prohibits employment discrimination of qualified individuals due to a disability. This applies to both private and government positions.

What are some examples of gender discrimination?

Some other examples of gender or sex discrimination include: Hiring (e.g., an applicant, with excellent credentials and qualifications is denied employment on the basis of sex) Firing (e.g., a female employee is let go due to “cutbacks,” while a male employee with less seniority remains employed)

What is the age discrimination in employment act?

The Age Discrimination in Employment Act of 1967 protects employees over the age of 40 from discrimination in the workplace. Under the Act, employers are prohibited from: Offering different compensation, terms, or conditions of employment due to someone's age.

What is the federal law that prohibits discrimination?

Employment and labor laws prohibit discriminatory or unfair treatment of an applicant or employee based on race, color, religion, sex, national origin, disability, age, or parental status. Federal law forbids “discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.”

What is the discrimination act?

The Act prohibits harassment or other discrimination based on: Affiliation (affiliating with a particular religious group) Physical or Cultural Traits (e.g. , accent, language, or dress related to the religion) Perception (the mere belief an employee or potential employee is a member of a particular religious group)

What a Discrimination lawyer can do for you

Discrimination lawyers can help if you feel you’re being treated unfairly in an employment relationship based on a protected class (race, color, national origin, religion, sex, disability, age, citizenship status, and genetic information).

Why hire a Discrimination attorney

If you feel you've been discriminated against at your workplace based on your personal beliefs or the way you look or act, you may require the services of a discrimination lawyer.

What is an employment lawyer?

An employment lawyer specializes in representing employers or employees in a wide array of employment related matters. There are a variety of state and federal laws governing the treatment of employees. These include anti-discrimination laws, sexual harassment laws, and laws governing employee benefits. Furthermore, there are laws that govern how ...

How to prepare for a lawyer meeting?

You should gather any necessary documents to take to the meeting, e.g., employment contract, termination letter, emails, and anything else that relates to your case. Also sit down and come up with a list of questions to ask the attorney. Common questions are:

What does it mean if an attorney is not certified?

Be aware that many states do not allow certification. Accordingly, the lack of certification may simply mean that your state doesn't allow it. Check to see if other employment lawyers in the state have certification.

Is an attorney a good source of referrals?

Attorneys are a good source of referrals. If you have used a lawyer for a non-employment matter (e.g., to write a will or to defend you in a criminal case), then you should ask the attorney for a recommendation of an employment lawyer .

Why Were You Harassed?

Many workplace harassment claims involve discrimination. There are many forms of employment discrimination. Federal law prohibits discrimination based on:

Who Harassed You at Work?

Depending on who harassed you, different rules may apply. If a supervisor was the harasser, the company typically is liable for his or her behavior. However, if the harasser was a co-worker, customer, or contractor, a different level of proof is needed. In cases involving a co-worker, you must show that your employer:

Can You Describe the Harassing Behaviors?

The lawyer must understand how severe your workplace harassment was. There are two primary types of workplace harassment:

When Did the Harassment Occur?

Most harassment cases have strict filing deadlines. Depending on your claim, you may have to file charges with an administrative agency (such as the Equal Employment Opportunity Commission or EEOC) before you can file a lawsuit. If you do not follow the correct procedure, your lawsuit may be automatically dismissed.

Did You Report the Harassment to Your Employer?

It can be difficult to win a harassment claim if you did not report the offensive behavior to your employer, especially if the harasser was a co-worker or customer. In order to win a case involving co-worker harassment, you must show that your employer knew (or should have known) about the offensive behavior.

Do You Have a Right to Sue Letter?

In order to file a federal employment discrimination lawsuit, you typically must have a “Right to Sue” letter. Federal law sets out a very specific administrative complaint process for discrimination claims. First, you must file a complaint (or charge) with the Equal Employment Opportunity Commission (EEOC).

What Damage Did You Suffer Because of the Workplace Harassment?

Your employment lawyer will need to understand how you were financially impacted. In a workplace harassment claim, you may be entitled to both compensatory and punitive damages. Compensatory damages include lost wages, job search costs, and other out-of-pocket expenses. Punitive damages are used to punish an employer for willful harassment.

How much does an employment lawyer cost?

Your employment lawyer has a few options when it comes to charging you. You may pay an hourly rate, which will likely be between $150 and $500, although this may be cheaper if you work with an independent lawyer not affiliated with a large law firm.

What is discrimination lawsuit?

Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur.

What is the most complex and time consuming lawsuit?

Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination.

How to file a wrongful termination claim?

You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

What is Berliklaw?

Reston-based BerlikLaw is a legal firm that accepts cases on employment-related matters. It represents employees who experience harassment, discrimination, and other illegal actions at work. The legal team assists clients in stopping those behaviors, and it files lawsuits when necessary to fight for compensation for financial, emotional, ...

Which act of 1973 made it illegal to discriminate on the grounds of disability?

The Equal Pay Act of 1963 forbids sex-based compensation discrimination. The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions. The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

Can you collect lost wages from a lawsuit?

Your settlement in any case may be limited due to employment laws. You may only be allowed to collect lost wages and benefits, or you may be allowed to ask for a cost for pain and suffering — this will vary from state to state. You may also be liable for taxes with any earnings from a lawsuit.

Why do employees seek employment attorneys?

So, an employee would want to seek out an employment attorney to determine what their rights are and whether their situation is worthy of pursuing an actual lawsuit. The reason, Levitt explains, is that the agency findings are not binding and many times not even admissible because agencies do not do exhaustive investigations.

What can an employment attorney do?

An employment attorney can help employers and employees work together to reach a resolution in the event of a problem, from wages and workplace safety to discrimination and wrongful termination. But when is it appropriate to reach out?

What should an employee keep in a record of incidents?

Employees who believe they are being discriminated against in some way or are not being paid correctly, etc., should keep accurate records of incidents, including dates and times. Note any witnesses. All of this information will be helpful for the agency or attorney should the employee decide to pursue action.

What is FLSA in employment law?

If the problem is on-time pay, overtime, or proper pay classification (non-exempt versus exempt status), the attorney can help the employee navigate the Fair Labor Standards Act (FLSA) to determine if the possibility exists that rights have been violated and help the employee with next steps. There are a plethora of labor laws an employer could ...

What to do if your employer-employee relationship becomes strained?

If your employer-employee relationship becomes strained on account of a dispute involving wages, workplace safety, discrimination, or wrongful termination, it's helpful to know an employment attorney who can explain both sides' rights and duties.

Can an employer violate labor laws?

There are a plethora of labor laws an employer could easily violate unknowingly (or willfully), and since there are different employee count and tenure thresholds for different laws, it's helpful to get guidance from an attorney.

Can an employee file a lawsuit if there is no evidence?

Even if the agency finds insufficient evidence, the employee still has the right to file a lawsuit. The agency will either help the employee at that point or tell the employee that they should find an attorney. So, an employee would want to seek out an employment attorney to determine what their rights are and whether their situation is worthy ...