Thursday, February 17, 2011

Truth behind FAQs on Employment Discrimination


Employment discrimination happens when an employer performs unjust actions against an employee on the basis of the latter’s sex, age, religion, national origin, race, or disability. This act is strictly prohibited by the Title VII of the Civil Rights Act of 1964.

As an employee, you should be aware of your rights so you can fight for them if you feel that your employer is abusing his power and authority in the workplace. If you have been denied of a promotion, demoted, or excluded in company activities because you are a member of a protected class, you should consider taking legal action against your employer.

However, before doing so, you should first have enough knowledge regarding the laws which prohibit employment discrimination, procedures that are followed when filing a complaint against your employer, and the problems that you will face while you are trying to prove your allegations.

The following Frequently Asked Questions (FAQs) may help you understand the different issues related to employment discrimination:

Q: Is there an agency in charge of handling discrimination complaints?

A: Yes. The Equal Employment Opportunity Commission (EEOC) is the agency responsible in investigating discrimination complaints filed by employees. It also has the authority to file a court case on your behalf if it determined that your employer is guilty of this illegal act.

Q: What are the different laws which protect employees from discrimination?

A: Aside from Title VII, other laws which prohibit discrimination include the Americans with Disabilities Act (ADA), Equal Pay Act (EPA), and Age Discrimination in Employment Act (ADEA).

ADA, EPA, and ADEA only protect employees from a specific type of discriminations, unlike Title VII which prohibits all types of it.

Q: Do I need to seek legal assistance from a Los Angeles discrimination attorney when filing a complaint against my employer?

A: There is no law which requires you to acquire legal help from a lawyer, but doing so will significantly increase your chances of proving your employer’s guilt. It will be the job of your lawyer to gather and present evidence which shows that you are included in a protected class and you were subjected to discriminatory actions because of it.
Q: Can I immediately file a court case after I was subjected to discriminatory practices?

A: Yes, if the alleged violation is covered by EPA. However, the remaining laws that are being enforced by EEOC require alleged victims to file a complaint with the agency before going to a court.

If you have more questions about employment discrimination, you can call a Los Angeles employment attorney from the Mesriani Law Group at (310) 826-6300.

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