The Most Common Types Of Employment Discrimination Complaints
An investigation by the Equal Employment Opportunity Commission (EEOC) is a prerequisite to filing a lawsuit against your employer for workplace discrimination, wrongful termination of employment, or employer retaliation. Even if you are able to resolve your case without going to court, it is a good idea to hire a lawyer before you initiate contact with the EEOC. The deadlines for providing the EEOC with the information they need to investigate your case are short, and you do not want to omit any information that could strengthen your claims that discrimination and retaliation have taken place at your workplace and that you have been a target of one or both of these actions. If your employer fired or antagonized you after you complained about discrimination or misconduct or requested a disability accommodation, contact a Los Angeles retaliation lawyer.
Employer Retaliation
The EEOC receives more than 39,000 complaints each year about employer retaliation. The law defines employer retaliation as when an employer takes an adverse action against an employee for engaging in a protected activity. The following are examples of protected activities:
- Filing a workers’ compensation claim
- Reporting misconduct or illegal activities to regulatory bodies or law enforcement
- Complaining about discrimination
- Requesting a paid (pursuant to state law or company policy) or unpaid leave
- Requesting an accommodation for a disability
Adverse actions include refusal to hire, harassment (hostile work environment), refusal of promotions or raises, and termination of employment. Retaliation and discrimination are not mutually exclusive categories.
Disability Discrimination
More than 24,000 employees per year file EEOC complaints related to discrimination on the basis of disability. Employees and job applicants have the right to reasonable accommodations while performing their regular work duties, as well as during the interview and training process. The law defines a reasonable accommodation as one that does not present an undue financial burden for the employer. Therefore, what counts as a reasonable accommodation varies from one employer to another; the larger the company, the greater its capacity to make a variety of accommodations for employees with disabilities. Accommodations can include modifications to the workspace (such as allowing an employee to work remotely when most employees must be on-site when performing similar job duties, or providing a wheelchair-accessible desk in the office), the work schedule (such as frequent breaks or a later start and end time), or the job duties. Medical privacy laws make it so that your doctor can certify that you need accommodations without disclosing any information about your diagnosis. Employers and employees must engage in a negotiation process to determine which accommodations are adequate and reasonable. California law requires employers to notify all job applicants and employees that disability accommodations are available, effectively making the first move in the negotiation process.
Speak With a Los Angeles Employer Retaliation Lawyer
Pursuing a successful employment discrimination or employer retaliation complaint begins before you contact the EEOC. A Los Angeles employer retaliation lawyer can help you compile evidence of workplace discrimination and present it convincingly. Contact Litigation, P.C. in Los Angeles, California to discuss your situation or call (424)284-2401.
Source:
insperity.com/blog/eeoc-complaint/
