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Employment Law - How To Substantiate Claims Of Employment Discrimination

Wednesday, March 21, 2018

While California and federal laws clearly list demographic groups likely subjected to workplace discrimination, demonstrating instances of workplace unfairness is a challenging task. Given that employment discrimination occurs in various forms against diverse groups of people, assessing whether you are the target of unjust treatment requires proper review and legal guidance. The Spencer Law Firm, established in San Clemente, California, provides free case evaluations based on the nature of discrimination reported to ensure that your rights remain protected under current employment laws.

The Importance of Concrete Documentation

If speaking to the coworker, supervisor, or manager who you feel discriminates against you does not halt unwanted treatment, it is practical to document instances in which you feel employment discrimination occurred. It is important that you clearly state that the behavior offends you and makes you uncomfortable given that you feel targeted or demeaned based on your background.

In employment discrimination lawsuits, companies are subject to evaluation based on how proactively they investigate and address employment discrimination. Filing a complaint with management and your employer's human resources department regarding discriminatory treatment not only provides the company a reasonable opportunity to resolve the issue, but also creates a written record of future offenses and the company's success or failure in addressing unfairness in the workplace.

If you lack direct documentation, circumstantial evidence comes into consideration, though extensive research is often required to substantiate a claim. Topics for research include demographics of company employees, violation of longstanding company policies relevant to fair treatment, and statistics indicating that individuals of your demographic are more likely subjected to employment discrimination than other groups. The Spencer Law Firm will assist in evaluating how circumstantial evidence plays should you face employment discrimination.

Adhering to Legal Regulations

Though you may possess direct documentation and circumstantial evidence of discriminatory treatment, such is not sufficient to bring a lawsuit to court. Federal law requires that you first present your claim to the U.S. Equal Employment Opportunity Commission, or EEOC. Upon receiving your claim, the agency contacts your employer in an attempt to remedy the discrimination you face. If, after further review, the agency deems your claims valid or substantiated, you receive written notification of your right to sue.

What to Do

Once you have extensively documented instances of employment discrimination to the best of your ability and complied with federal requirements through corresponding with the EEOC, you must seek advice from a qualified attorney. Along with years of experience, the team at the Spencer Law Firm prioritizes clients' best interests, incorporating detailed attention to each case and a team-oriented work ethic to produce optimal outcomes. Even if you instinctively think that you are the target of employment discrimination and feel overwhelmed by the process of developing a claim, attorneys at the Spencer Law Firm aim to evaluate your situation and advise you of your next appropriate action, no matter how complex your problem presents itself. Contact the Spencer Law Firm today. First time consultations are always free.




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