First and foremost, employment discrimination can happen during any stage of your employment process. It can happen anywhere from you being hired to you being fired.
Some of the common examples that you will see of employment discrimination are, applying for a job and getting a different position that is much lower pay than the one you applied for, not getting the job offer at all, not being given a promotion along with other job-related benefits, getting abused or harassed at work, forcing to retire before you are ready to, along with getting fired.
In fact, many of these actions by your employer are in violation of the employment discrimination laws here.
Key Things to Remember About Employment Discrimination
You will always want to remember that the employment discrimination will solely depend on the action of the employer-based upon your membership in the protected group. In short, the general protections that are provided by the federal law will cover your age (40 or over), color, race, nationality, religion, family size, sex, pregnancy, or disability. However, the state of Nevada will also add in your gender identity and your sexual orientation as a part of these protective qualities.
Along with being a part of the protected group, you will also need to be qualified for the position you have applied for, for the promotion you are going after, and any of the job-related benefits.
For instance, if a qualified woman and man applied for the same position, but only offered the job to the man and discriminated against the woman because of her sex, this would be employment discrimination.
However, this can leave the door open for the employer to dispute these allegations and show that the man was more qualified than the woman as well and that is why they went with him over the woman.
Overall the employment discrimination laws will always apply to labor organizations and employment agencies.
Age Discrimination in Employment Act
First and foremost, the Age Discrimination in Employment Act of 1967 does not allow ANY employers to discriminate of people who are 40 years of age or older within the United States.
The Age Discrimination in Employment Act of 1967 was signed into law by Lyndon B. Johnson, who was president of the United States ta the time.
What is a Reasonable Accommodation to Your Disability?
According to the ADA, a disability is defined as a limitation that can limit one or more life activities.
Do not forget that all employers are required to accommodate your disability by having modifications that will help you do your job that was posted in the job description when you got hired.
What many employees do not know is that the ADA will give federal financial assistance to employers that employ 15 and more employees.
Do You Need an Employment Discrimination Lawyers?
You will not need to have a lawyer present when it comes to a legally enough request for accommodation to your employer. However, in order to protect your rights, you should always submit any and all requests in writing when you are asking your employer for accommodations to your job duties or needing any modifications.
But a reasonable accommodation can also be anything from moving you to an equivalent empty position, lesser work hours, or anything else that is mutually acceptable between you and the employer.
How to File Employment Discrimination Claims?
You will have the chance to file your employment discrimination complaints with either the Equal Employment Opportunity Commission or the Nevada Equal Rights Commission. However, you will need to keep in mind that you will not be permitted to file a lawsuit until you have first filed your complaint to either the Equal Employment Opportunity Commission or the Nevada Equal Rights Commission.
You have only 180 days to file a complaint with the Nevada Equal Rights Commission. These days will start ticking from the date of the time of the incident.
You will only have 300 days to file a complaint with the Equal Employment Opportunity Commission, only if you filed a complaint with the Nevada Equal Rights Commission first within the 180-day time frame.
How to Tell if I Have Enough Evidence for Employment Discrimination Cases?
When you are thinking about taking the employer to court, you will need to be working closely with an employment discrimination attorney while you are going through the Equal Employment Opportunity Commission investigation process. Along with having all the proper documentation, you will also need to have the following as well:
One of the hardest things you will have to do is when it comes to your employment discrimination case is to establish the motive of the employer for discriminating against you whether it is because of your religion, sex, race, age, or nationality.
Especially in at-will states, where the employer is legally allowed to let you go for any reason, even including your choice of haircuts, fashion, etc.
You also need to keep in the back of your mind that your employer cannot treat you any different no matter what your sex, disability, illness, skin color, or religious beliefs are. If your employer treats you in any way that is different from the rest of the employees, you will need to document that as evidence to show that your employer is breaking the law.
For instance, if all Christians in the company get off for Ash Wednesday and you are Jewish and ask for Hanukkah, that is grounds for employment discrimination.