Tuesday, January 13, 2009

How To Seek Relief From Employment Prejudices

If you believe you are being discriminated at work, you can file charges with the Equal Employment Opportunity Commission (EOOC) for the redress of your grievances. Under the law, employment discrimination based on race, color, religion, sex, or national origin is prohibited and punishable.

The federal anti-discrimination law called the Equal Employment Opportunity law covers all private employers, state and local governments, and educational institutions, which employ 15 or more individuals.

Law prohibits discrimination in the following practices:

• Hiring and firing of employees

• Compensation, assignment and classification of employees

• Transfer, promotion, layoff, or recall

• Job advertisements

• Recruitment and testing

• Use of company facilities

• Training and apprenticeship programs

• Fringe benefits

• Pay, retirement plans, disability leave

• Other employment terms and conditions

Under the law, other illegal discriminatory practices also include:

• Harassment

• Retaliation

• Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, disability, or ethnic group

• Denial of employment opportunities to a person because of marriage or association with an individual of a particular race, religion, national origin, or an individual with a disability

• Discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

How to File a Charge

Here are initial steps in filing a discrimination charge:

• You can file a charge by mail or in person. Contact the nearest EOC office to inquire on detailed procedure of filing a case.

• If you need an interpreter, you need to call the EOC local office to make a special accommodation.

• Consult the fact sheet about complaint processing

When filing a discrimination charge, the following information is required:

1. the complainant’s name, address and contact number

2. the name, address, and contact number of the respondent employer or agency

3. a brief description of the violations

4. the date of the alleged violations

When to File a Case

A complainant may file a lawsuit within 90 days after receiving a notice of the “right to sue” from the EEOC. The notice of the “right to sue” may be requested by the charging party 180 days from the filing of the complaint. A lawsuit must be filed within two years (three years for intentional violations) of the discriminatory act.

What Remedies Are Available When Discrimination Is Found

When discrimination is found, whether caused by intentional acts or certain employment practices, some remedies or relief are available which may include:

• back pay

• hiring

• promotion

• reinstatement

• front pay

• reasonable accommodation

• other condition or action that will restore certain privileges

Other relief may also include payment of:

• attorney’s fees

• expert witness’ fees

• court costs

Compensatory and punitive damages may also be obtainable under the enforced laws of the EOOC. When discrimination is found, compensatory damages may be available for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. If an employer acted with malice or recklessness, punitive damages may be imposed. However, punitive damages do not apply against federal, state or local governments.

Therefore, if you feel aggrieved and you believe your employment rights have been prejudiced, you can find relief by seeking the protection of the law.

About the Author

You may always find refuge from our Expert Los Angeles Attorneys. Just search our website at http://www.expertlosangelesattorney.com/EmploymentDiscrimination.html and find the top and the most favorable solutions for your employment discrimination case.

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Posted by prolink at 7:00 AM

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