If you believe that your employer is about to terminate you, or
has already done so, you may be the victim of employment discrimination.
You may also be victim of unlawful discrimination if your employer
fails to promote or demotes you, you have been sexually harassed,
or work in a hostile work environment.
Generally, state and federal laws prohibit an employer from discriminating
against an employee on the basis of race, gender, age, religion
or disability. Some laws that you may have heard about include Title
VII, the American with Disabilities Act ("ADA"), the Age Discrimination
in Employment Act ("ADEA"), the Equal Pay Act, and the Family Medical
Leave Act ("FMLA"). If your employer has taken or is about to take
some type of adverse employment action based on race, gender, age,
religion or disability, you need to immediately take action to protect
yourself.
First, you should secure all important documents, if any, that
are rightfully in your possession. Your attorney may need them later.
You should not take any documents, which do not belong to you or
that you have no right to possess.
Second, you should immediately contact either the
Equal Employment Opportunity Commission
("EEOC"), or your state's civil rights agency. In Ohio,
that is the Ohio Civil Service Commission ("OCRC"). You must take
this first step if you want to preserve your rights.
If you are considering pursuing a claim against your employer for
unlawful discrimination, both federal and state civil rights laws
generally require that you must first file a charge of discrimination
with the EEOC or state civil rights agency. There are strict time
limitations in filing a charge, so do not procrastinate.
Filing a charge with the EEOC or state civil rights agency is
not the same as filing a lawsuit against your employer. Rather,
it gives either organization the chance to gather information and
investigate your claim. While the EEOC may represent you in a lawsuit
down the road, they have no obligation to do so, and usually do
not due to limited resources. More commonly, once the EEOC has completed
its review of your case, they will issue to you a "Notice of Right-to-Sue".
This document essentially informs you that the EEOC is closing out
your case, and gives you permission to pursue further legal action
against your employer by filing a lawsuit. Here, it is important
to note additional time limitations. Once you receive your Right-to-Sue
letter, you only have 90 days to file a lawsuit against your employer.
If you fail to file your initial charge with the EEOC or state
civil rights agency in a timely manner, or fail to file your lawsuit
within 90 days of receiving your Right-to-Sue letter, you may be
forever prohibited from taking any further legal action.
Third, you should contact a qualified employment discrimination
attorney as soon as possible. Laws involving employment discrimination
are complex and constantly changing. You should look for an attorney
who not only has a comprehensive understanding of the latest developments
in employment law, but also understands the process and procedure
for filing a lawsuit and bringing the case to trial. It especially
important to contact an experienced attorney as soon as possible.
An experienced attorney with a proven track record can guide you
through the many stages involved in handling employment discrimination
claims, from the initial filing process through all stages of litigation,
should it be necessary to file suit. Most importantly, a qualified
attorney will help ensure that your rights are protected.
