Workplace discrimination is a major issue. Not only can discrimination in the workplace contribute to a toxic work environment, but it can also prevent you from achieving career goals, getting promotions, and enjoying the same benefits other employees have. If you are a victim of workplace discrimination, then you will need to hire a workplace discrimination lawyer to protect your rights as an employee.
What to Expect When You Hire a Workplace Discrimination Lawyer
In Kansas City, just like any other city in America, workplace discrimination is illegal. You cannot be discriminated against for any reason, including your race, ethnicity, religion, gender, disability, or age. If you believe you are experiencing discrimination, then hiring a Kansas City based workplace discrimination lawyer can be a good method to seek justice.
When you hire a workplace lawyer for workplace discrimination, you should expect several things before your case progresses to a settlement or court trial. In particular, your lawyer will need to assess evidence to understand your case and advise a legal strategy that will compensate you for your losses.
Go Over Your Employment Contract
For workplace discrimination, it’s important to go over your employment contract. Whether or not you have been terminated because of discrimination, your employment contract will have certain expectations outlined for both employee and employer. In terms of workplace discrimination, you may need to prove your employer violated part of your employment contract.
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Discuss Evidence for Your Case
You and your lawyer will also need to discuss the evidence for your case. For a workplace discrimination case, you will often be required to provide both circumstantial and direct evidence to prove discrimination. Circumstantial evidence is used to generally establish that there is the possibility of workplace discrimination, while direct evidence is used to prove instances of discrimination.
For example, with circumstantial evidence, you will need to establish that you are a protected class member, that you’re qualified for your job, that you experienced an adverse employment situation such as termination, and that you were replaced by another employee who was not a member of your protected class. For direct evidence, discrimination can be proven with voicemails, text messages, emails, and witness testimony.
Prove You Are a Protected Class
Another essential component of your case is proving that you are part of a protected class. Someone in the protected class is a citizen who is part of a minority category. Minorities can be categorized by race, ethnicity, national origin, skin color, ancestry, gender, age, and disability.
Other Expectations
Additionally, you should expect your lawyer to ask about what your goals are for your complaint. For example, do you still wish to be employed by an employer who is discriminating against you? If you wish to maintain employment, this can be an important distinction for your lawyer since this can affect your case strategy.
Can You Sue Your Employer in Missouri?
You can work with a lawyer to file a lawsuit against your employer in Kansas City, Missouri. The process for suing an employer begins with an affidavit that is filed with the Missouri Commission on Humans Rights or the Equal Employment Opportunity Commission. There is very little difference between filing your complaint with either agency, and you may request that your complaint is cross-filed with both agencies.
Filing the affidavit kick-starts the investigation against your employer. Much of the time, the agency will issue an action that allows you to sue your employer for discrimination. After you receive this action, you must file your lawsuit within 90 days. If you missed this 90-day deadline, you will not be able to file a lawsuit against your employer.
When Does Discrimination Occur?
Although discrimination can occur during any part of employment, one of the most critical times for discrimination occurs is during the hiring process, which can include training for your job, testing, recruiting, and your employment contract. Discrimination may also occur when you are passed over for promotions that you are more qualified to receive.
Often, discrimination is found in the lack of benefits you receive for your job. For example, difficulty getting vacation or sick time, fewer health benefits, limited retirement plans, and lower compensation than other similarly positioned employees are all forms of workplace discrimination.
What Are Protections Against Discrimination in Missouri?
In Missouri, you are protected against workplace discrimination under the Missouri Human Rights Act and the Equal Employment Opportunity Commission. The Missouri Human Rights Act prohibits discrimination against protected classes and allows you to file a lawsuit in the case of discrimination.
Discrimination in the workplace can be a devastating blow to your career, your self-confidence, and your sense of self-worth. Over a long period of time, workplace discrimination can even have significant psychological effects. For this reason, you may want to sue your employer for workplace discrimination if you are part of a protected class.