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5 Factors to Consider before Filing a Discrimination Claim

By Edited Apr 23, 2014 0 0

Discrimination is undoubtedly one of the most controversial employment issues today. It covers so many factors and addresses so many sub-issues that employees and employers often get confused on how to deal with it at work. Basically, discrimination is an act that aims to rob someone of his legal rights just because he has a certain feature or trait.

Some of the most common objects of discrimination include:

  • Race
  • Gender
  • Age
  • Religion
  • Disability

If you are an employee and you are being discriminated against at work because of one of these factors, there is still hope for you. But before you file a complaint against the liable parties or hire a Los Angeles discrimination lawyer, here are some things you should first prove:

  1. The discriminatory or harassment actions you are experiencing are intentional. Collect enough evidence to prove that your offenders were intentionally discriminating against you in the workplace.
  2. There is no other reason for your offenders to discriminate against you. You need to prove that your employer or supervisor has no other reason to treat you unfairly aside from your being old or member of a certain ethnic group.
  3. You are included in a protected class. Employees are protected by federal anti-discrimination laws if they have one of the characteristics mentioned above that are used as bases for discrimination.
  4. The discriminatory actions create a hostile work environment for you. The actions should have an adverse effect on your working performance in the company.
  5. The difficulties you are experiencing at work are unnecessary for your job. If you feel a certain policy is too difficult for you to follow, show evidence that it is not necessary for your position.

If all these factors are present in your situation, then you can proceed with the discrimination claim. You can also ask your coworkers if they are experiencing the same treatment. If so you can all submit a class action lawsuit against the responsible parties. If you become successful in your complaint, you may be able to obtain compensation for your damages.

Discrimination is a type of employment violation that is very difficult to avoid in a company. But what is important is that employees now know how they can fight any form of discrimination in the workplace. They just need to ask help from a Los Angeles discrimination lawyer and they are good to go.



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