If you strongly suspect that you’re being discriminated against because of your race, national origin, color, age, disability, sexual orientation, gender, religion, pregnancy status, or other protected classes under Title VII and the West Virginia Human Rights Act, then deciding whether or not to file an employment discrimination lawsuit can be an incredibly difficult decision to make.
However, it’s also a very important decision, because when your rights are being violated, filing a discrimination lawsuit may be one of the best solutions available.
At the Love Law Firm in Charleston WV, founding attorney Charles M. Love has extensive experience representing individuals in employment discrimination cases. We will carefully listen to your case, conduct diligent investigations building evidence and contacting witnesses, and aggressively, yet professionally, represent your interests in West Virginia courts.
Although it is true that not every employee should pursue litigation, you may have a valid claim that requires the experience of a prominent attorney. To speak with attorney Love, call the Love Law Firm today at (304) 344 5683.
In the meantime, continue reading below to discover the top 5 reasons for filing an employment discrimination lawsuit in Charleston WV.
1. Unwelcome Sexual Advances
Unwelcome sexual advances constitute the most common type of workplace harassment and employment discrimination. Under Title VII of the Civil Rights Act, a sex discrimination claim can include unwelcome sexual advances from a co-worker, supervisor, or manager. With the help of a competent lawyer experienced in sexual discrimination and harassment cases, you can file the charge with the Equal Employment Opportunity Commission (EEOC). Following the initial claim, the EEOC will investigate the case, and if you have a valid claim, the EEOC will issue a notice of right to sue.
Quid pro quo sexual harassment and hostile work environment claims typically have a certain set of requirements that must be met; employees must prove that the sexual advances were unwelcome or nonconsensual. Depending on the unique circumstances of the claim, the employee must also show that sex (or other sexual activities) was either an implicit or explicit condition of employment, or that the unwanted sexual harassment created a hostile work environment that prevented the employee from performing his/her duties.
2. The Employer is Repeatedly Avoiding Promotions or Pay Raises
Not getting that promotion or pay raise is certainly not enough to constitute a discrimination lawsuit. Unfortunately, some individuals misinterpret a lost promotion or pay raise as discrimination, and as an employer rights protection, the employee needs to prove that the missed promotion or pay rise was based on the employee’s protected class.
Nevertheless, promotions and compensation are two employment areas expressly covered in Title VII, and when protected individuals are discriminated against in these two areas, the victim may have a lawsuit. To prove to the courts that discrimination influenced the employer’s decision, the employee should show that he/she was qualified, suffered adverse treatment, and that the employer continued to promote or compensate others after having failed to do so with the aggrieved employee.
3. You’re Over 40 and You Were Fired
Age discrimination is a very common type of discrimination that occurs in Charleston WV workplaces. This is mostly due to an aging population coupled with the “idea” that older workers are a nuisance for employers. As such, employers may fire, demote, or transfer older workers when the younger employees are seen as “more valuable” or “capable.”
As you can guess, age discrimination is a violation of both Title VII and the Age Discrimination in Employment Act (ADEA). An employer cannot make employment-related decisions based on the individual’s age, and the employer cannot force an employee over 40 to retire or resign simply because of age.
4. Your Employer is Retaliating Against You for Speaking Out
Reporting an instance of discrimination is definitely brave. This is because some employers may retaliate against an employee for filing a discrimination claim, whether with the HR department or an outside organization, such as the EEOC. Unfortunately, many cases of employment discrimination go unreported because the employee fears retaliation. However, it is critical to remember that both federal and West Virginia laws protect employees from an employer’s retaliatory acts when related to charges of discrimination.
5. The Workplace Has Become Toxic and Hostile
Instead of making an adverse employment decision based on the employee’s protected status, some employers (or workplace environments) will harass an employee, making the employee’s working life difficult while also making it difficult for the employee to do his/her job. A hostile work environment occurs when the discrimination is so severe and pervasive it interferes with the performance of job duties.
According to federal and state laws, employers have an explicit duty to respond to situations of discrimination and harassment, and if the employer doesn’t take reasonable measures to end the workplace harassment, then courts can hold that employer responsible.
Start Your Employment Discrimination Lawsuit in Charleston WV
Charleston WV employment law attorney Charles Love understands the “mountain” you’ll have to climb when filing a claim based on discrimination in the workplace, and for this reason, we’ll stand alongside you every step of the legal process. We offer experience-based legal counsel and aggressive, yet professional, representation with the goal of holding the responsible individual(s) accountable. For a free, no-obligation consultation with attorney Love, call our Charleston WV law firm today at (304) 344 5683.