What is Employment Discrimination?
Discrimination is the unfair or prejudicial treatment of people and groups based on who they are rather than what they do. Since the Civil Rights movement, federal and state laws have prohibited employers from taking adverse employment actions against employees because of race discrimination, color, religion, sex, national origin, age, disability, pregnancy, veteran status, sexual orientation, and gender identity. Yet, employment discrimination remains a huge problem at work.
A survey done by the American Psychological Association, Stress in America™ 2020, found that over half of Americans believe they have been the victim of some form of employment discrimination. Each year, over 80,000 people file Charges of Discrimination with the Equal Employment Opportunity Commission (EEOC)—the federal government agency charged with investigating such violations.
Do I Have a Case?
For most types of workplace discrimination cases, employees must file a claim with the EEOC within 180 days of their employer’s discriminatory act in order to pursue the matter in court. Unfortunately, the EEOC is far more likely to harm your case than to help your cause. Therefore, we strongly recommend you reach out for a legal consult before going to the EEOC if you believe you have been the victim of unlawful discrimination or retaliation. No matter what, though, you must comply with the 180-day deadline. Therefore, you should file with the EEOC immediately if it has been five months since the adverse employment action occurred. In South Carolina, employees have 300 days.
Review our step-by-step guide on how to file an employment discrimination lawsuit in South Carolina and North Carolina.
Herrmann & Murphy’s attorneys are experienced in combating the following types of discrimination:
Review our examples of workplace discrimination and how to identify discriminating behavior.
For more information about employment discrimination contact the employment law attorneys at Herrmann & Murphy.