Charlotte Attorneys Providing Quality Help in Discrimination And Retaliation Claims
Although much progress has been made throughout the years in the development of anti-discrimination laws and education and training on diversity and inclusion, discrimination and retaliation still occurs. If you are an employee suffering from the effects of discrimination or retaliation, let an experienced employment law attorney guide you through the confusion of what actually constitutes a claim and what you can do to protect yourself We also pay attention to the emotional and psychological toll discrimination and retaliation can take.
At Maloney Law & Associates, PLLC, we provide employees and employers with knowledgeable advice as to their rights. We know that no two cases are ever alike, and we take a fresh approach to each case. We are dedicated to answering all of our clients’ questions and to creating effective solutions to their employment law problems.
If you are involved in an employment discrimination dispute, call us at 704-323-8961 or toll free at 888-321-1955 to schedule an appointment with one of our experienced employment lawyers.
Resolving Workplace Discrimination Claims in Favor of Our Clients
At our firm, we are committed to resolving discrimination claims involving our clients and aggressively pursuing the justice they deserve. We handle all kinds of discrimination and harassment claims, including those involving:
- Gender Identity
- Sexual Orientation
- National Origin
Our attorneys have been handling discrimination cases for years in North Carolina’s federal and state courts. Seeking expeOur attorneys have been handling discrimination cases for years in North Carolina’s federal and state courts. We also have experience handling claims involving violations of the Equal Pay Act.Seeking experienced guidance can be the smartest decision you make if you are facing discrimination or charges of discrimination.
What Common Discrimination Disputes Arise in the Workplace?
There are many potential sources of workplace discrimination. Some of the most common include:
- Unfair hiring practices: When an organization decides to hire a new candidate for an open role, there is a potential for discrimination if the hiring process is not conducted fairly. For example, if an employer only interviews candidates of a certain race or gender, this could be considered discrimination. Sometimes this discrimination is unintentional, meaning that the hiring person may need to be made aware that they are only considering certain types of candidates. Other times, it is intentional discrimination intended to keep certain groups of people out of the workplace. Regardless, both forms of discrimination are unfair to those who are not given a chance to compete for the role.
- Promotions and raises: An employee may feel that they have been passed over for a promotion or raise that they deserve due to their gender, religion, race, or other protected characteristic. If there is evidence to support this claim, it could be grounds for a discrimination lawsuit.
- Unfair treatment: Once an employee has been hired, they may experience discriminatory treatment from their employer or co-workers. This could include being passed over for assignments or opportunities, being given more complex tasks, or being treated differently in a group setting.
- Harassment: Unfortunately, harassment is a common form of discrimination in the workplace. This can include offensive jokes or comments, unwanted physical contact, or threats. Harassment can be directed at individuals or groups, making the workplace an intimidating and hostile environment.
- Promotion and salary disparities: If employees who are part of a protected group are consistently passed over for promotions or paid less than their counterparts, this could be evidence of discrimination. This can be shown if there is no logical reason for a specific pattern of disparities, unless discrimination was a factor.
- Retaliation: An employer may not take kindly to an employee who speaks up about discrimination in the workplace. In some cases, the employer may retaliate against the employee by taking away certain privileges or opportunities or by making their work life more difficult. Retaliation is not only unfair to the employee, but it is also against the law.
These are just some examples of workplace discrimination, harassment, and retaliation. If you feel that you have been the victim of discrimination, it is important to speak up and take action. An experienced employment law attorney can help you understand your rights and options and can fight to protect your rights and interests.
What Evidence Can Prove Workplace Discrimination in Charlotte, NC?
Many different types of evidence can be used to prove workplace discrimination in North Carolina. Some of the most common include:
- Email or other written communications: Discriminatory comments made in email, instant messages, or other written communications can be used as evidence of discrimination. Any blatant remarks about an employee’s protected characteristic in these communications can help connect the alleged discrimination to the person who is accused of committing it.
- Witnesses: If there are other people who witnessed the discrimination, they can be important witnesses in a discrimination case. Their testimony can help corroborate the victim’s story and make it more credible to a judge or jury. A witness’s testimony is particularly compelling if they are unbiased, have firsthand knowledge of the discrimination, and can remember the details of what they saw or heard.
- Performance reviews: If an employee has consistently received positive performance reviews but is passed over for a promotion or raise, this can be evidence that discrimination was a factor. On the other hand, if an employee is suddenly given poor performance reviews after complaining about discrimination, this could also be used as evidence. It can be difficult to use a performance review alone to prove discrimination, but when combined with other evidence, it can be persuasive.
- Documentation of past complaints: If an employee has made previous discrimination complaints, this can be used as evidence that discrimination is a systemic problem at the company. This type of evidence is often most persuasive when it comes from multiple employees who have all complained similarly.
- Statistical data: In some cases, statistical data can be used to show that discrimination is taking place. For example, if the company has a history of hiring very few women or people of color, this could point to a potential issue with discrimination.
- Company policies: Is the company following their own policies? If not, that in and of itself is not illegal, but it could be a sign that they are also not following discrimination laws either.
This is just a small sampling of the different types of evidence that can be used to prove discrimination in the workplace. If you believe that you are a victim of discrimination, it is important to speak with an experienced employment law attorney who can help you collect and present the evidence in the most persuasive way possible.
What Are the Remedies for Workplace Discrimination in Charlotte, NC?
The remedies for workplace discrimination will depend on the particular facts and circumstances of each case. Some of the most common remedies obtained in discrimination cases include:
- Lost wages: If an employee is fired, demoted, or otherwise not given an opportunity to earn income because of discrimination, they may be able to recover lost wages. This includes the wages that they would have earned in their current position and any future lost earnings.
- Emotional distress damages: Discrimination can often cause severe emotional distress. If an employee can prove that they suffered emotional distress because of discrimination, they may be able to recover damages. It is important that emotional distress be documented and backed up by counseling, therapy, or medical records.
- Job security: Although it is rare, in some cases, an employee may be able to get their job back or be reinstated to a previous position. This is often only possible if the discrimination is proven, and the employer is held liable. Because someone’s role was not lost or eliminated for any reason other than having a protected characteristic, they are entitled to their position.
- Policy changes: In some cases, an employee may be able to get the company to change its policies or practices to prevent future discrimination from taking place. This could include changes like instituting a new anti-discrimination policy or increasing employee diversity training.
- Punitive damages: In some cases, a court may award punitive damages to an employee who has been the victim of discrimination. These damages are designed to punish the employer and deter future discrimination.
Protecting Your Present and Your Future
Our forward-looking lawyers do not just focus on what is happening now. In addition to keeping up to date on all employment law changes, we look at cases that are currently being adjudicated to gauge where employment law is headed and what kind of effect it could have on our clients.
Contact Our Charlotte Discrimination Lawyers Today
There are strict deadlines in discrimination cases, so do not miss out on your chance to achieve justice in your case. Contact us today to schedule an appointment.