Brown and Crouppen does not directly handle employment discrimination matters but here is some information that may help.
This is simply a guideline on how to best protect your rights. To truly protect yourself, act quickly and hire an attorney. Most states, including Missouri and Illinois, have very short time widows (sometimes less than 90 days) to act.
Are You Part of a Protected Class?
Employment discrimination is defined across the United States by a law called Title VII ("Title Seven"). Title VII prohibits discrimination in the workplace on account of race, sex, age, pregnancy or disability. Title VII only protects you if you are a member of a "protected class."
Protected classes are
- Minorities
- Women
- The elderly
- Pregnant women
- Individuals with disabilities.
Did You Suffer an Adverse Employment Action?
Adverse employment actions can take many forms. The most common actions are:
- Being passed over for promotion
- Getting fired
- A reduction in hours
- A hostile work environment
Keep a Journal
Start keeping a journal the minute you suspect that you might be the victim of discrimination. Record everything of significance, including:
- Who did or said what
- Dates
- Times
- The locations
- Names and contact information of witnesses.
Report Within 90 Days
Report the discrimination within 90 days from the date of the adverse action. Failure to report within 90 days can prevent you from filing a claim against your employer and the responsible parties.
Report the discrimination to your company's human resources department so they are put on notice of the behavior.
Then report to the United States Equal Employment Opportunity Commission ("EEOC"). The EEOC will investigate and determine if they find evidence of discrimination. The EEOC rarely finds evidence of discrimination, so don't get discouraged. Even if the EEOC doesn't find anything, they will send you a "Right to Sue" letter. You cannot file a discrimination lawsuit without a Right to Sue letter from the EEOC. The EEOC website can be found at: http://www.eeoc.gov/employees/charge.cfm
Don't Sign Anything and Speak With an Attorney.
Your company may attempt to pressure you into signing a release or a document that destroys your rights to bring a case. Don't sign it. Speak with an attorney first.
Finding an Attorney
When looking for an attorney, you can start by speaking with friends and family to see if they have a lawyer who helped them with a similar problem in the past. Referrals from someone you know and trust is a good first step.
However, you may have reasons why you or your loved one would rather not discuss the matter with friends and family. That's understandable and there are options for you.
If you live in Missouri, try the St. Louis Metropolitan Bar's Lawyer Referral Service. For a small fee, you will speak with an experienced staff person and they will direct you to a lawyer in your area who handles employment law. The lawyer will be in good standing with the Missouri Bar and will also carry appropriate professional liability insurance. You can call 314-621-6681 or 573-636-3635.
In Illinois, try the Illinois Lawyer Finder Phone Service. They will give you the name of an Illinois attorney who will provide a half-hour consultation for a small fee. All of the Illinois attorneys are licensed and registered with the Attorney Registration and Disciplinary Commission of the Illinois Supreme Court and carry professional liability insurance. Call (217) 525-5297 or (800) 922-8757.
