Understanding Employment Discrimination Basics

Many a times, an unfair practice of your employer leaves you in a difficult situation. The question is – is the practice just unfair, or is it unlawful as well? How do you know this for sure? What do you do if it is unlawful? You need to consult an employment lawyer to get the answers to these questions.

Here are a few questions, and answers, in this regard that would help.

Which laws prohibit discrimination? Numerous federal dictates prohibit discrimination. Some of the important ones are as follows:

• Title VII of the Civil Rights Act (1964)

• Age Discrimination in Employment Act (1967)

• Equal Pay Act (1963)

• Americans with Disabilities Act (1990)

• Genetic Information Nondiscrimination Act (2008)

Chapter 760, Florida Statutes also prohibits discrimination at the workplace on the grounds of race, religion, color, sex, marital status, national origin, handicap or age.

Are all employees eligible for this protection? It depends. Almost all of these laws protect employees working for federal or local governmental agencies, private employers, labor organizations, and such others.

Does your case fall within discrimination? Various activities are within discrimination – be it hiring or firing, promotion or demotion, or any such others. Your Naples employment lawyer can be the best judge of assessing whether a job-related decision of your employer is unlawful.

Where do you file a complaint? If you are a present employee, the first thing you may attempt is to talk to your employer about the matter. If this is not possible, you may file a complaint with the US Equal Employment Opportunity Commission (EEOC). The Commission may lodge and investigation and help reach a resolution.

When can you file a lawsuit? The increasing number of discrimination related cases filed at the Commission often makes it impossible for them to investigate all. Therefore, for certain cases, they issue a ‘right-to-sue’ letter providing you, i.e. the employee seeking justice, the right to file a suit.

Whether you are filing a complaint with the EEOC or a lawsuit at a court of law, it is necessary to get legal help for the task. However, do not delay in these tasks. The EEOC filing has a deadline of 180 days (stretchable under certain circumstances). There is also a deadline of 90 days within the issuance of the ‘right-to-sue’ letter to file a suit.

Whether you are sure of discrimination or just suspect it, consulting an employment lawyer can help you with the situation.

Orlando Matsota, a legal journalist, offers helpful details for legal issues concerning the employment laws. If you are looking for a Naples Employment Lawyer, he suggests you to visit http://www.florida-employment-lawyer.org/

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