Many of us have experienced the letdown of applying for a job and not being hired. The primary reason that someone shouldn’t get a job is that they aren’t qualified for the position. Those qualifications should be based on previous experience, education, and the ability to align with a company’s goals.
What you should never be disqualified for is your gender, race, or age. When that happens, it could mean that you have an actionable case of employment discrimination. If discrimination occurs in the workplace, it’s important to understand what your legal options are. An experienced Charleston discrimination lawyer from DiPiero Simmons McGinley & Bastress, PLLC, is ready to help.
In order to get a general idea of what it’s like to file an employment discrimination claim, let’s start by taking a look at the laws that target discrimination.
The Increase in Discrimination Charges and Inquiries
Employment and labor laws prohibit discriminatory and unfair treatment of employees. When an employee faces discrimination or harassment at work, they have the right to take legal action to hold their employer accountable. Filing a claim is a complex process, which is why it’s crucial to have a strong legal representative by your side.
The average full-time employee spends nearly one-third of their week at work. With so much time devoted to employers, employees should feel safe in their work environment both physically and emotionally.
According to information collected by the U.S. Equal Employment Opportunity Commission (EEOC), there were 88,531 new discrimination charges in 2024. That is an increase of 9.2% over the previous year.
In addition, there were over 553,000 calls to the EEOC contact center and another 90,000 emails. These figures represent an increase in the number of inquiries that workers made about employment discrimination.
What Is the Definition of Employment Discrimination in Charleston?
Any employee, regardless of the industry or type of work, can be discriminated against. Taking legal action against a Charleston business for these charges can be complicated, especially when it comes to proving negligence on the part of your employer. That’s why it’s important to have an employment discrimination attorney by your side. Your attorney will be in the best position to zero in on what is an actionable case of employment discrimination.
Discrimination in the workplace is prohibited by law. Not only are there federal guidelines that state what is considered discriminatory, but every state establishes its own laws as well.
If you find yourself in a position where you believe you need to file a claim against a negligent employer, you’ll want to have a general understanding of the applicable laws and how they can prove you’ve been mistreated.
What Are the Federal Employment Discrimination Laws?
The federal laws outlawing employment discrimination are a part of the Civil Rights Act of 1964, especially Title VII. This protects workers and potential employees from discrimination based on race, color, national origin, or sex. Employers cannot base employment decisions like hiring, firing, transfers, job assignments, raises and pay, discipline, or promotions on those areas.
The following federal laws also prohibit workplace discrimination:
Pregnancy Discrimination Act
This act is an amendment to Title VII that outlaws discrimination against any conditions related to being pregnant and going through childbirth. There is also the Pregnant Workers Fairness Act of 2022, which obligates employers to make reasonable accommodations for new moms.
Equal Pay Act of 1963
If you perform the same job as another person, you should receive equal pay regardless of your gender.
Age Discrimination in Employment Act of 1967
The age line that the Age Discrimination in Employment Act of 1967 begins at 40. That means workers who are 40 or older are protected from discrimination in the workplace.
Americans with Disabilities Act of 1990
The ADA transformed a lot of the country by obligating access to public spaces for anyone with mobility challenges. More importantly, this prevents discrimination against qualified employees with disabilities. It also requires employers to provide reasonable accommodations for employees with disabilities.
Genetic Information Nondiscrimination Act of 2008
Advances in medical research have helped identify gene mutation, which leads to effective treatment. The issue of identifying gene mutation comes into play with this act that prevents discrimination against someone with a gene mutation. For instance, if an employer finds out that an employee is at risk of developing Huntington’s disease and fires that employee to avoid health insurance issues, that would be discrimination.
Each one of these acts includes clauses that prevent employers from retaliating against any employee who files a formal complaint about discrimination. In West Virginia, claims of unfair retaliation are prosecuted by the Civil Rights Division.
West Virginia Human Rights Act
The West Virginia Human Rights Act makes it illegal for any employer to discriminate on the basis of race, sex, age, disability, blindness, religion, color, ancestry, or national origin. In the event an employee feels they’ve been discriminated against, they have the right to file a claim with either the state administrative agency or the federal administrative agency.
Understanding the boundaries of all the applicable laws is how an employment discrimination attorney will be able to help you navigate the complicated claims process.
What Are Some of the Common Types of Workplace Discrimination?
As mentioned, there are laws that protect employees from a variety of harassment and discrimination types. In the event you believe you’ve been discriminated against, you’ll need to understand the type of claim you’re filing. The following are some of the forms of discrimination that are considered illegal:
- Employees are not to be discriminated against because of their gender. This includes all terms and conditions of employment, including hiring, compensation, promotion, treatment, and termination. In addition to that, employers are not allowed to make decisions based on stereotypes or assumptions about the abilities, traits, or performance capability of an employee based on their gender.
- Individuals cannot be treated less favorably, receive fewer job or promotional opportunities, or be terminated on the basis of their race.
- National Origin. Similar to race, employees cannot be treated differently or poorly because of their national origin.
- Age discrimination laws specifically apply to workers age 40 and over. Employees cannot be mistreated or harassed based on their age.
- The Americans with Disability Act prohibits discrimination on the basis of disability. An employer cannot deny an employee reasonable workplace accommodations.
- Pregnancy discrimination laws protect employees from less favorable treatment, fewer workplace opportunities, termination, and refusal to hire. The laws also protect employees in the event their employer denies them maternity leave or refuses to hire them because they are pregnant.
- Sexual Orientation. Federal law protects employees from retaliation by their employers for opposing unlawful discriminatory practices and for participating in the process of correcting discrimination relating to sexual orientation.
- Employers cannot discriminate against an employee because of their religious beliefs. In addition to that, employers have to provide reasonable accommodations for religious practices and beliefs.
- Political Affiliation. Federal employees are protected against discrimination based on political affiliation, which includes coercion of a federal employee to perform a political activity and discrimination for refusing to participate in a political activity.
- Family Responsibility. Family responsibility discrimination is an umbrella term used for discrimination based on biases about how employees with caregiving responsibilities will or should act.
No matter the type of discrimination you’ve suffered, you deserve justice. A Charleston discrimination lawyer can help you file your claim and hold your employer accountable for their actions.
What Is the Difference Between Harassment and Discrimination?
Workplace harassment and discrimination often overlap in the same biases, but when it comes to seeking a remedy, it is important to make a distinction. Discrimination has to do with specific employment acts such as hiring or firing. It also relates to areas such as promotion and pay raises.
Harassment pertains to unwelcome conduct that creates a hostile and unsafe workplace.
Examples of harassment include the following unwelcome situations:
- Jokes
- Slurs
- Threats
- Intimidation
- Ridicule
- Sharing offensive objects
There could be a scenario where discrimination and harassment overlap. For instance, a woman who shares the news of her pregnancy could be passed over for a promotion. That same woman could experience harassment in the form of jokes about her condition.
Whether you experience discrimination, harassment, or both, you should find out what your options might be for pursuing a remedy for your losses. DiPiero Simmons McGinley & Bastress, PLLC can provide you with the guidance and information you need to decide the best course of action for your situation.
What Is the Process for Filing an Employment Discrimination Claim?
Prior to filing a claim, it’s a good idea to seek an opinion from an employment law attorney. A lawyer from DiPiero Simmons McGinley & Bastress, PLLC can look into your situation and determine how best to proceed.
You can file your claim with either the West Virginia Human Rights Commission or the Equal Employment Opportunity Commission (EEOC). The two agencies have a work-sharing agreement, which means that they cooperate with each other to process claims.
You do not need to file with both commissions, assuming you indicate to one of the agencies that you want to cross-file the claim.
It’s important to note that the West Virginia Human Rights Commission cannot accept complaints against any employer who is an agent of the Federal Government or any employer that doesn’t employ 12 or more employees within the state. If your employer falls into either of those categories, you’ll want to file your claim with the EEOC.
If you file with the West Virginia Human Rights Commission, there are five steps to the complaint process:
- File the complaint within 365 days of the date of the most recent date of discrimination.
- An investigator will make a recommendation based on their findings.
- Attempt at conciliation
- An Administrative Law Judge will conduct a public hearing.
- The judge’s decision can be appealed and reviewed by the nine commissioners who are appointed by the governor.
If you file with the EEOC, it’s important to note that you only have 300 days from the date you believe you were discriminated against to file. Once you file, the following will happen:
- You’ll receive a copy of your charge with your charge number.
- A notice will be sent to your employer within ten days.
- You and your employer could be asked to take part in a mediation program.
- Your employer could be asked to provide written answers to your complaint, and the matter will be investigated.
- Your claim could be dismissed.
If your case is successfully resolved by either administrative agency, you will be able to move forward. If, however, that does not happen, you and your lawyer will need to consider pursuing further legal action by means of a lawsuit.
Frequently Asked Questions About Workplace Discrimination
If you’ve been fired, denied employment, or passed over for a promotion and suspect that discrimination played a role, it is important that you speak with one of the many Charleston discrimination attorneys that work at DiPiero Simmons McGinley & Bastress, PLLC to understand all your options. We can answer all your questions, beginning with these frequently asked questions:
Do workplace discrimination laws impact a small business?
The Equal Pay Act applies to any-sized business. However, most anti-discrimination laws apply to a business with 15 or more employees. There are exceptions, and that is why you need to discuss what happened with an attorney who is extremely familiar with the law.
What does “quid pro quo” mean in harassment and discrimination cases?
“Quid pro quo” is Latin for “this for that.” In harassment and discrimination cases, it can mean that your employer asks for something in return for a job. Typically, that request is sexual in nature. These would be actionable causes for a discrimination lawsuit.
What evidence do I need to prove my discrimination claim?
The two forms of evidence you can use in your discrimination claim are direct and circumstantial evidence. Direct evidence will be your testimony and any statements from the supervisors or managers involved in your claim. Indirect or circumstantial evidence could be the history of past behavior.
What is the most common form of workplace discrimination?
Sadly, workplace discrimination takes many forms, with ethnicity, gender, or disability being among the most common forms of complaints. However, according to the EEOC, the number one workplace discrimination claim is for retaliation. EEO laws are clear: You cannot be fired for making a complaint about your workplace.
Should I report my claim to my company’s HR before filing a discrimination complaint?
Your employer is obligated to prevent discrimination at the company, but they have to be made aware of the problem. The best way to inform your employer is to file a formal complaint with your company’s HR department. This puts the complaint on record. How your employer responds to your complaint will inform whether you should move forward with your claim.
A Charleston Discrimination Lawyer Helps Hold Negligent Employees Accountable
If you’ve been subject to workplace discrimination, a skilled Charleston discrimination attorney from DiPiero Simmons McGinley & Bastress, PLLC can help. Employees should not be forced to tolerate discrimination of any kind, which is why our employment lawyers will work vigorously to uphold your rights as an employee and a resident of West Virginia.
To learn more about filing a workplace discrimination claim or determining if you have grounds to file such a claim, schedule a free consultation with our law firm today. We’ll review your situation and help you determine how best to proceed.
Contact us today for more information.
