What you Should Know About Workplace Discrimination
A healthy work environment can often make long days at the office or job-site much more productive and enjoyable for employees at every level. Unfortunately, workplaces can become toxic if employees are made to feel uncomfortable or are the victims of discrimination in the workplace. Fortunately, there strong laws are in place to protect employees from unlawful discrimination at their place of business, and employers who violate the laws intentionally or unintentionally may face serious legal consequences as a result.
State and Federal laws provide protection for employees against discrimination on the basis of race, age, gender, religion, and other reasons. A San Antonio employment lawyer may be able to help explain your legal options if you feel you have been the victim of discrimination or unfair treatment at work. At Melton & Kumler, LLP, we would like to provide the following information to help you understand the types of discrimination people may face in the workplace.
What is Discrimination?
Some people may be unaware of their rights in the workplace and some people may not know what actions constitute discrimination. When it comes to employment discrimination, the law typically recognizes unfair treatment when it comes to the hiring, firing, promotion, job-assignment, and compensation as discriminatory actions.
Employers are responsible for fair practices during:
- Hiring/Interviews: Employers should make sure to consider the applicant’s qualifications and requisite job skills and should not reject applicants on the basis of race, gender, age, or other reasons.
- Firing: Managers should be able to justify the firing of any employee. Such actions should be taken with care and should not be made for any reason other than performance, failure to obey office rules, and other legally justifiable reasons.
- Promotions: Employees should be given promotions based on merit, performance, and tenure, and should not be passed over for reasons other than work-related actions.
- Compensation: Employees should be given fair and reasonable salary considerations and should not be compensated less on the basis of race, gender, or other reasons.
If a person believes that he or she has been the victim of unfair treatment on the basis of his or her personal background or beliefs, they may be able to pursue legal action against the employer for discrimination in the workplace.
Legal Action and Discrimination Cases
When it comes to discrimination cases, a San Antonio employment lawyer may be able to help you recover the following types of damages:
- Reinstatement into positions following an unlawful firing
- Back pay owed to the employee if he or she is reinstated
- Employers may be forced to stop unlawful practices by court order
- Compensation for emotional and mental trauma
Employers who are found guilty of unlawful practices may be forced to pay punitive damages, face sanctions by regulatory agencies, and may even lose their right to practice business in their area. Punitive damages of up to $300,000 may be awarded in some cases, so it is essential for employers to make sure that equal consideration is given to all employees.
By consulting a San Antonio employment lawyer, you can discuss the details of your case and decide whether legal action needs to be taken. In most states, there is a statute of limitations for filing employment lawsuits, and complaints should typically be filed within 180 days of the incident. Complaints filed after that time may not be actionable, so it is important to document the complaint and discuss the matter with your legal representative.
For assistance with an employment claim, a San Antonio employment lawyer of Melton & Kumler, LLP can help explain your legal options. Contact us at 1-800-681-6932 today.