Both the federal government and the state of Arizona have laws that prohibit employers from discriminating against people because of certain characteristics; however, this does not mean that employee discrimination does not still occur. Proving that an employer discriminated against you can be difficult, so if you believe you may have a claim, it is critical that you consult with an attorney who is well-versed in Arizona employment law.
To begin exploring your legal options, simply complete the Case Review form to the right of this page.
Employment Discrimination Practices
Employers commit discrimination when they make a decision based on a protected category as opposed to individual merit. The act of discrimination can happen at any point during the employment relationship. It is against the law for an employer to discriminate when:
- Paying raises
It is important to note that not all discrimination is illegal. The category must be protected under the law to be considered illegal. Examples of protected categories include:
- National origin
- Union activity
In order to prove employment discrimination, one must show that the employer intended to treat the worker differently because of a certain class or characteristic. The intent can also be demonstrated if the employer has treated other workers with the same protected characteristic unfairly.
Laws Against Employment Discrimination
There are many federal laws against employment discrimination, including the following:
- Title VII of the Civil Rights Act: Title VII prohibits employment discrimination based on race, sex, color, religion or national origin
- Age Discrimination in Employment Act: This act prohibits employment discrimination based on age, typically 40 years old or older.
- Americans with Disabilities Act: This act prohibits employment discrimination based on a disability.
- National Labor Relations Act: This act prohibits employment discrimination based on union activities
How to File an Employment Discrimination Claim
Workers who believe that their employers are committing discrimination have several options. The most common choice is to file a discrimination claim with the US Equal Employment Opportunity Commission (EEOC). Claims made to the EEOC can be filed in person, by mail or by telephone.
After filing with the EEOC, they will investigate unlawful discrimination claims and file a lawsuit if necessary. Typically, the EEOC will give the employer an opportunity to correct the discrimination before a lawsuit is filed, which may involve an informal mediation between the employee and the employer.
Filing an Employment Discrimination Lawsuit
Another option for employment discrimination victims is to file a private lawsuit. A victim will usually have to wait until the EEOC approves his or her claim and sends them a right to sue notice. Upon receiving the notice, an employee will have 90 days to file a lawsuit.
Proving discrimination can be difficult. An experienced employment attorney knows how to use statements, e-mails and company memos to demonstrate unlawful discrimination. Additionally, a lawyer may be able to use indirect evidence to show that workers outside of the protected categories received better treatment.
Victims of employment discrimination may be awarded the following if their attorney is successful in pursuing justice:
- Back pay
- Reasonable accommodations
Contact an Experienced Employment Discrimination Attorney Today
At the Phillips Dayes Law Firm PC, we believe that employers who discriminate against eligible Arizona workers should be held accountable for their actions. When filing an employment discrimination claim, it is crucial to have the help of an experienced employment lawyer to help you fight for the justice you deserve.
Our team of attorneys has the knowledge and the resources necessary to successfully litigate an Arizona employment discrimination claim.
We offer initial case evaluations to anyone who believes that they may have cause to file an employment discrimination claim. During an evaluation, one of our lawyers will assess the merits of your claim and offer guidance on how to best pursue legal recourse for your losses.
For more information on the legal rights which may be available to employment discrimination victims or to schedule a confidential, no-obligation consultation with one of our attorneys, please complete the Case Review form on this page.
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