Indianapolis Workplace Discrimination Lawyer
No one should have to face discrimination in the workplace. If you are experiencing workplace discrimination because of your gender identity, race, color, national origin, disability, pregnancy, sexual orientation, or age, you might have a claim to receive monetary compensation. Our discrimination lawyers at Goodin Abernathy LLP can help. Contact our employment law office today to schedule your free consultation.
Why Choose Goodin Abernathy?
At our law firm, attorney client relationship is very important. Having an exceptional knowledge of Federal, State, and local employment laws is important but so is communication and earning your trust.
Discrimination in the Workplace can take many forms.
Discrimination can occur when one gender, race, color, national origin, sexual orientation or age group is treated differently than another when in regards to promotions or working conditions. Similarly, discrimination in the workplace can occur when an employer treats an individual with a disability differently than others. Indeed, an employer is required to make reasonable accommodation for employees with disabilities which include ensuring work spaces are accessible to employees with disabilities, rearranging work schedules, and job restructuring. When unsure what to do, seeking advice from an Indianapolis discrimination attorney is always a good idea.
What Can You Do About Workplace Discrimination?
When a person believes they have been involved in workplace discrimination they can file a Charge of Discrimination with the Equal Employment Opportunity Commission (“EEOC”). In general, a person needs to file a Charge of Discrimination within 180 calendar days from the day the discrimination took place. In addition, the number of employees that an employer has may dictate where a Charge of Discrimination gets filed, and whether Federal or State Laws apply. After a Charge of Discrimination is filed, the EEOC investigates the claim. At the conclusion of the investigation, the EEOC informs the individual of their findings. If the EEOC does not find a violation of the law, it will issue a Notice-of-Right-to-Sue which provides permission to the individual to file a lawsuit. If the EEOC finds a violation, it will try to reach a voluntary settlement with the employer and if one cannot be reached, the case will be referred to the EEOC legal staff who will decide whether or not the agency should file a lawsuit. If the EEOC decides not to file a lawsuit, it will issue a Notice-of-Right-to-Sue. If you want help with this, look into hiring a discrimination lawyer.
Applicable Federal Laws Regarding Discrimination
Title VII of the Civil Rights Act of 1964 (Title VII)
This Civil Rights Act makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants’ and employees’ sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer’s business.
• The Pregnancy Discrimination Act
This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person for reporting discrimination which includes the person complaining about discrimination, filing a charge of discrimination, or participating in an employment discrimination investigation or lawsuit.
The Equal Pay Act of 1963 (EPA)
This federal law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
The Age Discrimination in Employment Act of 1967 (ADEA)
This federal law protects people who are 40 or older from age discrimination. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Title I of the Americans with Disabilities Act of 1990 (ADA)
This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business.
Sections 102 and 103 of the Civil Rights Act of 1991
Among other things, this part of the Civil Rights Act amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.
Sections 501 and 505 of the Rehabilitation Act of 1973
This law makes it illegal to discriminate against a qualified person with a disability in the federal government. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business.
The Genetic Information Nondiscrimination Act of 2008 (GINA)
This law makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about any disease, disorder or condition of an individual’s family members (i.e. an individual’s family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
If you need some advice, contact an Indianapolis discrimination attorney – the Indiana Discrimination Attorneys of Goodin Abernathy.
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