What to do if you are a victim of discrimination?
Federal and state laws protect you from unfair and unwelcome treatment at work. The Equal Employment Opportunity Commission (EEOC) and states enforce discrimination and harassment laws.
Discrimination happens when an employer treats an employee or job applicant unfairly because of their race, color, religion, sex, national origin, age (40 or older), disability, or genetic information. EEOC laws do not cover all employers. Coverage is often based on the number of employees. Verify if your employer is required to follow the EEOC’s rules. Report discrimination to the EEOC. Use the EEOC’s public portal to follow the complaint process. Learn more about what to expect when you report discrimination. States and local governments also have anti-discrimination laws. Report discrimination to a local Fair Employment Practices Agency (FEPA). If the discrimination breaks both a state and federal law, the FEPA will also send your complaint to the EEOC. Use the EEOC’s directory of field offices to find the FEPA near you. You can sue an employer for discrimination. If the lawsuit is based on a federal law, you must file a complaint with the EEOC first.
Workplace harassment is unwelcome conduct based on a person’s race, color, religion, sex, national origin, older age, disability, or genetic information. Harassment includes:
- Offensive jokes
- Slurs
- Epithets or name calling
- Physical assaults or threats
- Intimidation
- Ridicule or mockery
- Insults or put-downs
- Offensive objects or pictures
- Interference with work performance
Harassment is unlawful when:
It creates a hostile or abusive work environment or results in an adverse employment decision (such as being fired or demoted).
Sexual harassment includes unwelcome sexual advances or requests for sexual favors. It can also include offensive comments about someone’s sex. Sexual harassment is unlawful when:
It creates a hostile or abusive work environment or results in an adverse employment decision.
Follow these steps if you experienced harassment at work.
Retaliation happens when an employer treats someone poorly because they engaged in a protected activity. Protected activities include:
- Filing a discrimination complaint
- Participating in a discrimination proceeding (such as an investigation or lawsuit)
- Opposing discrimination
Common retaliation methods include:
- Firing or laying off
- Demoting
- Denying overtime or promotion
- Discipline
Use the EEOC’s public portal to report retaliation related to discrimination or harassment.
LAST UPDATED: September 19, 2024
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What type of lawyer is most needed?
The types of lawyers in demand vary with the specific needs of the city’s businesses and residents. The legal market is diverse and offers opportunities in numerous practice areas. Some of the most universally in-demand legal specialties include intellectual property law, family law, immigration law, real estate law, and corporate law. Other quickly growing areas of law also include intellectual property law, data privacy and cybersecurity law, litigation, and labor and employment law.
The U.S. Bureau of Labor Statistics (BLS) data shows that 3.5% of Chicago’s employment sector is law. So, out of the approximately 4.5 million people employed in the city, about 162,000 people work in the legal field.
Chicago is home to many law firms, including many of the largest law firms in the U.S. It’s also home to several prestigious law schools. Thanks to the city’s robust legal market, lawyers earn higher salaries than lawyers in other parts of the nation.
Besides the high salaries, lawyers in the city also enjoy many other benefits. They get to work on high-profile cases, make a difference in the community, and work in a major city. So, if you want to jump-start your legal career, Chicago is a great place to find a job after law school.
The city has a strong economy and growing population, prompting many businesses and organizations to need legal services. It also boasts a vibrant legal community, which creates many opportunities for lawyers to network and collaborate with other lawyers. It offers a high-quality life through good schools, safe neighborhoods, and various cultural and recreational activities.
More people are moving to Chicago to pursue law careers. According to a recent study, the number of law school graduates moving to the city has increased by 10% in the past five years. The increase is attributed to the city’s strong economy, high salaries, and diverse job market.
The study also found that the most common reason for people moving to the city to pursue law careers is to work for a large law firm and focus on a specific practice area. Chicago is a major center for various legal industries, including intellectual property law, corporate law, and environmental law. As such, there are many opportunities for lawyers to build a successful career in their chosen area of law.
The demand for lawyers varies with the economic climate. For example, during economic downturns, there is often an increased demand for bankruptcy and employment lawyers. That aside, here are the most in-demand legal fields in the city:
- Many large corporations and startups need help protecting their intellectual property (IP). IP lawyers can help businesses with patent, trademark, copyright, licensing, and enforcement issues.
The demand for IP lawyers is expected to continue to grow in the coming years as more businesses and individuals seek to protect their IP assets. Some factors driving the demand for IP law include the strong economy and the growing tech sector. The presence of.
What is the most common type of lawyer?
There are several types of lawyers – some specialize in unique niches, but others practice in common fields of law. Continue reading to learn more about the most common lawyers and how to select the right one for your case.
A good family lawyer acts as a mediator during a divorce case and handles the situation with logic and rationale. Other responsibilities of a family lawyer include advising clients on their legal options, drafting contracts and negotiations, resolving family disputes, and writing prenuptial agreements.
The Personal Injury Lawyer will take all the stress of dealing with this case away. They will deal with the responsible party, the insurance company, hospital, doctor, and anything necessary to file the claim. Duffy & Duffy Attorneys at Law is a reputable firm that handles Personal Injury cases. A Personal Injury Lawyer will help you get compensation for your injuries and expenses like medical bills, damaged property, and any lost wages.
Corporate lawyers work on contracts by negotiating, drafting, and reviewing legally binding agreements for their clients. They are involved in mergers and acquisitions, venture capital, securities, and corporate governance. Most of their time is spent out of the courtroom helping their clients avoid litigation.
An Immigration Lawyer will handle all the paperwork and offer guidance and advice regarding the information you need to gather and the steps you must follow because a minor error can have your application rejected.
A lawyer specializing in Medical Malpractice will investigate your case and deal with the doctor, hospital, and all other parties to get a fair claim. Your lawyer will file for medical bills, lost wages, and pain and suffering you endured due to negligence or mistakes of the healthcare provider.
Some key responsibilities of a criminal lawyer include negotiating plea bargains, offering advice to their clients, gathering evidence, interviewing witnesses, and doing research.
The lawyer will deal with insolvency matters and advise you on the different types of bankruptcy options available and the best one that suits your situation. They’ll also inform you of the other options apart from bankruptcy that you can consider and work on financial restructuring, plan confirmations, and valuation disputes.
Consider the lawyer’s experience. A lawyer who has experience with an issue similar to yours can offer advice and guidance based on real situations and cases which is likely more valuable than theoretical knowledge. You can learn about a lawyer’s experience by asking for references and asking them about similar cases they’ve worked on in the past. Other important considerations are costs and the location. It’s essential because laws are different in each state, so it’s best to find a lawyer in your region familiar with the state’s law. Dealing with legal matters can be costly so do your homework beforehand. Ask for quotes and find out how clients are billed. If the rate you are offered is out of.
What to do if you feel you are being discriminated against?
The U.S. Equal Employment Opportunity Commission (EEOC) enforces Federal laws that protect you from discrimination in employment. If you believe you’ve been discriminated against at work or in applying for a job, the EEOC may be able to help.
Under the EEOC’s laws, an employer may not discriminate against you, regardless of your immigration status, on the bases of:
- All aspects of employment, including:
Contact the EEOC promptly if you suspect discrimination. Do not delay, because there are strict time limits for filing a charge of discrimination (180 or 300 days, depending on where you live/work).
You can reach the EEOC in any of the following ways:
Additional information about the EEOC, including information about filing a charge of discrimination, is available at www.eeoc.gov.
The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) enforces the nondiscrimination and affirmative action commitments of companies doing business with the Federal Government. If you are applying for a job with, or are an employee of, a company with a Federal contract or subcontract, you are protected under Federal law from discrimination on the following bases:
- Executive Order 11246, as amended, prohibits employment discrimination by Federal contractors based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.
- Executive Order 11246, as amended, protects applicants and employees of Federal contractors from discrimination based on inquiring about, disclosing, or discussing their compensation or the compensation of other applicants or employees.
- Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals with disabilities from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment by Federal contractors. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship to the employer. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.
- The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits employment discrimination against, and requires affirmative action to recruit, employ, and advance in employment, disabled veterans, recently separated veterans (i.e., within three years of discharge or release from active duty), active duty wartime or campaign badge veterans, or Armed Forces service medal veterans.
Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination.
What steps should a person take if they are being discriminated against?
It is illegal to treat someone unfairly in the workplace because of any of the following attributes:
- If you have been treated unfairly at work because you have a protected characteristic, you may have experienced unlawful discrimination.
- Sometimes there are legal exceptions or exemptions to discrimination law. Some parts of discrimination law don’t apply to some organisations or some services that meet the special needs of a particular group of people. This may also include affirmative action programs which aim to address inequalities.
- Not all bullying fits within the legal definition of unlawful discrimination. For bullying at work to be unlawful discrimination it needs to be based on a person’s background or personal characteristics, such as their gender identity, race, age, marital status, sexual orientation, disability, pregnancy, breastfeeding, intersex status, or carer’s or family responsibilities.
For more information, see Bullying in the workplace on the Fair Work Ombudsman website.
If you have been bullied or discriminated against at work, you should get legal advice.
If you have been unlawfully discriminated against at work, you may be able to:
- Make a complaint to Anti-Discrimination New South Wales within 12 months of the discrimination occurring.
- Make a complaint to the Australian Human Rights Commission within 24 months of the discrimination occurring.
For more information about how to make a complaint, including the complaint forms, see How to make a complaint on the Anti-Discrimination NSW website.
Before you make a complaint to Anti-Discrimination New South Wales, you should consider all the options available to you and get legal advice.
You can make a complaint about discrimination to the Australian Human Rights Commission (AHRC) by:
- Making a complaint within 12 months to Anti-Discrimination New South Wales.
- Making a complaint within 24 months directly to the AHRC.
For complaints about employment discrimination based on religion, criminal record, trade union activity, sexual preference, political opinion and social origin, you have 12 months to make a complaint to the AHRC. In some cases, you might be able to complain out of time, but you should get legal advice about your circumstances.
For more information about the complaint process, see Make a complaint on the AHRC website.
Before you make a complaint to the AHRC, you should consider all the options available to you and get legal advice.
Different rules apply if you have been dismissed. For more information, see Termination.
If your complaint is about serious vilification, it may be referred to the Attorney General by Anti-Discrimination New South Wales to be prosecuted as a crime. The prosecution must be started within six months of the crime, so you should make your complaint as soon as possible. For more information, see Vilification.
How can discrimination occur in the workplace?
Discrimination means treating some people differently from others. It isn’t always unlawful – after all, people are paid different wages depending on their status and skills. However, there are certain reasons for which your employer can’t discriminate against you by law.
Discrimination happens when an employer treats one employee less favourably than others. It could mean a female employee being paid less than a male colleague for doing the same job, or an employee from a minority ethnic community being refused the training opportunities offered to other colleagues.
There are specific laws against some types of discrimination (called ‘unlawful discrimination’). If your employer treats you less favourably for an unlawful reason, you may be able to take action. If your employer treats you unfairly for any other reason, this is not unlawful discrimination.
There are laws against discrimination on the basis of your:
- Race
- Sex
- Disability
- Sexual orientation
- Religion or belief
There are also laws which forbid workers from being dismissed or treated less favourably than other workers because they do:
- Exercise their statutory rights
- Make a complaint or allegation of discrimination
Legislation protects employees from discrimination of different types.
Direct discrimination happens when an employer treats an employee less favourably than someone else because of one of the above reasons. For example, it would be direct discrimination if a driving job was only open to male applicants.
There are limited circumstances in which an employer might be able to make a case for a genuine occupational requirement for the job. For example, a Roman Catholic school may be able to restrict applications for a scripture teacher to baptised Catholics only.
Indirect discrimination is when a working condition or rule disadvantages one group of people more than another. For example, saying that applicants for a job must be clean shaven puts members of some religious groups at a disadvantage.
Indirect discrimination is unlawful, whether it is done on purpose or not. It is only allowed if it is necessary for the way the business works, and there is no other way of achieving it. For example, the condition that applicants must be clean shaven might be justified if the job involved handling food and it could be shown that having a beard or moustache was a genuine hygiene risk.
You have the right not to be harassed or made fun of at work or in a work-related setting (for example, an office party).
Harassment means offensive or intimidating behaviour – sexist language or racial abuse, which aims to humiliate, undermine or injure its target or has that effect. For example, allowing displays or distribution of sexually explicit material or giving someone a potentially offensive nickname.
Victimisation means treating somebody less favourably than others because they tried to make, or made, a complaint about discrimination. For example, it could be preventing you from going on training courses, taking unfair disciplinary action against you, or excluding you from company social events.
If you are treated unfairly, but it is not for one of th