REASONS TO GET REPRESENTATION FOR YOUR DISCRIMINATION COMPLAINT

1. Plaintiff must establish prima facie case of discrimination
   • Belongs to protected class
   • Applied and qualified for job for which ER was seeking applicants
   • Despite qualifications, was rejected, AND
   • After rejection, position remained open and employer continued to seek applicants for persons of complainant’s qualifications

Your Employer is likely to have an Experienced Representative fighting to defeat your  discrimination claims!

This is an adversarial and emotional process, dont take a risk without an experienced advocates in your side.

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   1. What is employment discrimination? Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. A growing body of law also seeks to prevent employment discrimination based on sexual orientation.
      1. Employment Discrimination Statutes: 
         1. Title VII of the Civil Rights Act of 1964: race, gender, religion, color, national origin is protected. 
         2. Age Discrimination in Employment Act of 1967 (ADEA). 
         3. Americans with Disabilities Act of 1990 (ADA) 
   2. What is filing a “charge” with the EEOC? 
      1. Charge: A charge is sufficient if is in writing, names the alleged violator, and generally alleges the discriminatory acts. Must contain: 
         1. writing, 
         2. signatures, and 
         3. delivered in person or mail (no email or phone charges accepted). 
      2. Federal Express Corp. v. Holowecki: 
         1. failure to docket a particular document as a charge was irrelevant
         2. filing with the EEOC is a charge if the minimum requirements are meet and is "reasonably construed as a request for the agency to take remedial action to protect the employees' rights or otherwise settle a dispute between the employer and the employee. 
         3. Court found an Intake Questionnaire to be insufficient 
      3. Equal Employment Opportunity Commission 
         1. Discrimination claims must be filed with EEOC before litigation may commence 
            1. EEOC investigates and 
            2. May attempt conciliate 
            3. May file suit 
            4. After 180 days, will issue right to sue letter
         2. Time Limits 
            1. Must file charge within 180/300 days of alleged discriminatory event with EEOC (or state agency) 
            2. After receiving right to sue letter, 90 window to file suit in state or federal court 
            3. The clock starts running when the plaintiffs knew or should have known of his injury, whether or not he realized the cause of the injury was unlawful.
            4. Exceptions: 
            5. Hostile work environment – statute runs on the date of the last harassment, it’s renewed.  
            6. Work Policy – can be challenged after the party has been affected by it
            7. Defenses: 
            8. Laches: If the plaintiff waited ten years, the defendant can claim laches and ask why the plaintiff didn’t sue years before.