Know the steps to combating employment discrimination

On Behalf of | Feb 8, 2024 | Employment Law

Employment discrimination remains troublingly common. It is important for victimized employees to know how to proceed.

Time limits, requirements and facts about employment discrimination claims

Employment discrimination claims are reported to the Equal Employment Opportunity Commission. Annually, nearly 1,000 are from Wisconsin workers.

The first step after discrimination or harassment has taken place is to let human resources or management know. In some instances, people are confronted with stonewalling or outright denial. If no progress is made, the EEOC can help. Workers can also contact the state’s Equal Rights Division.

There are specific points to remember during the process immediately after the perceived violation has happened. Every comment, statement, incident or issue should be documented with as much proof as possible. If there are emails, reports and other information, it must be saved.

Wisconsin gives people 300 days from when the incident happened to file their claim. The number of employees at the job is key. Those who are at larger workplaces where there are at least 15 workers can contact the EEOC or the state’s Equal Rights Division. The state can also be contacted for those working at jobs with fewer than 15 employees.

When the complaint is investigated and the claim is deemed valid, the employee and the employer will receive a letter to that effect. The sides can negotiate a settlement through conciliation. Workers can be financially compensated or receive other benefits that would rectify the complaint. If they were denied assignments or a promotion for reasons other than merit, they can be compensated in some way. It might come as a surprise to some, but nearly half of employment discrimination complaints are settled. Short of a settlement, a lawsuit can be filed.

People frequently hesitate before complaining about mistreatment and illegality on the job. A study in 2016 said that as many as 94% of people who were harassed chose not to complain about it. They might think it will not help them or could make things worse. There is also a fear about losing their job. Retaliation is also illegal, so that knowledge should give people the freedom to pursue a complaint.

Experienced help can be key with a legal claim

In recent years, there has been intense focus on discrimination based on gender, sexual orientation, race and national origin. There are many other reasons why a person might have been discriminated against such as their religious beliefs, age or because they had previous legal problems.

It can take place when a person is searching for a job and is eliminated due to discrimination or a person already has a job and they are terminated, denied a promotion or mistreated. Regardless of why the discrimination took place and its form, people must be cognizant of their legal rights.

By following the necessary steps, a worker has a better chance of achieving a positive outcome in their employment discrimination case. From the outset, it is wise to have guidance with accruing the evidence and going through the proper channels. Contacting legal professionals at Alan C. Olson and Associates can provide that, explain the process and help with all aspects of filing a claim.

Archives

FindLaw Network