The Civil Rights Act was passed in 1964 and contained eleven titles that discourage discrimination on the grounds of religion, race, sex, and nationality in vital areas like employment, voting, education, and public service. Title VII of the bill emphasizes employment discrimination on the grounds of race, gender, national origin, color, and religion. It also created the Equal Employment Opportunity Commission (EEOC).
In case you experience discrimination in San Diego, you have Title VII of the Civil Rights Act of 1964: equal employment opportunity, and you deserve compensation. At Empower Sexual Harassment Attorneys, we know that employees are protected from employment discrimination and can assist you in holding your employer accountable.
Understanding Workplace or Employment Discrimination
Workplace discrimination is unfair or unpleasant treatment committed on employees due to their gender, color, country of origin, race, religious faith, disability, age, or sexual orientation. Employers are discouraged from using these factors in employment decisions like hiring, firing, promotions, referrals, job advertisements, salaries, and recruitment based on these factors.
Discrimination has historical roots and encompasses various behaviors perceived as unjust by those affected. One of the more familiar types of employment discrimination is sexual harassment.
Discrimination can occur during recruitment or early stages of the employment process. It also occurs after employment if you are unfairly terminated or the employer deliberately created a hateful work setting earmarked to target you.
Several laws exist to protect employees from harassment or discrimination, such as:
- Title VII disallows discrimination at work
- The EEOC enforces discrimination rules in the workplace
- The Fair Employment and Housing Act (FEHA)
Title VII Overview
Title VII is a federal law codified under Title 42 of the United States Code. Title VII, as in Section, is the bill passed through Congress and signed into law by then-President Lyndon B. Johnson in 1964. It is all directed at employment or workplace discrimination as follows:
- An employer should not consider sex, nationality, faith, race, or some other protected characteristic for hiring, discipline, dismissal, interviewing, assignment of duties, job advertising, recruitment, promotion, or payment of salary or benefits.
- Employers should reasonably accommodate the religious beliefs of workers.
- Employers should have policies in place that discourage workplace discrimination and harassment and uphold discrimination laws accordingly.
- Employers should not retaliate for workplace harassment or discrimination.
It protects workers, job applicants, those being trained, and apprentices. Subsequently amended in 1991, the legislation allows plaintiffs to seek compensatory and, in instances where they prove willful discrimination by an employer, punitive damages, whenever those types of damages are allowable under state law. At the same time, however, the amendment granted plaintiffs the right to have jury trials in federal employment discrimination cases.
For example, a job advertisement may land an employer in deep trouble if it states it is hiring fresh graduates. Under Title VII, this is age discrimination, as it could bar many graduates above 40 years from entering the job market. Title VII applies to private-sector employers with fifteen or more workers and to government sectors, with the EEOC being responsible for the investigation of employment discrimination cases and enforcement of the laws.
Therefore, if you work for a public or private entity in compliance with the Act, you should not be mistreated because of your membership in or association with any protected individual. Do not permit discrimination or harassment at work to go unpunished. Title VII leads to equality and peace by providing a discrimination-free workplace. A consultation with an experienced sexual harassment lawyer will help you learn about your options and decide on the proper course of action.
Equal Employment Opportunity Commission (EEOC)
The EEOC came into existence under Title VII in 1965 to implement all the rules and regulations made under the Act. Besides that, the commission was tasked with providing a championship and legal remedy to victims of employment discrimination.
EEOC Formal Complaint
Employers discriminate against workers in many ways; if you catch one such, you must lodge a formal complaint with the EEOC. Discrimination may occur during job selection when a hiring manager engages in disparate treatment against individuals based on certain protected characteristics. Also, you can file a formal complaint for disparate impact when a neutral act by an employer, like setting height requirements, unintentionally and disproportionately discriminates against a protected group.
Similarly, you can submit a complaint for quid pro quo sexual harassment or hostile work environment sexual harassment.
Additionally, whenever an employee reports employment discrimination or assists in the investigation of an alleged Title VII violation and the employer retaliates, you must file a retaliation claim with the EEOC for investigation. Title VII also imposes liability against employers for negligence, meaning that you can file a charge if an employer fails to act when employment discrimination is committed by a fellow employee, causing you to lose your job. That is, even where the employer is not the perpetrator, neglect here is their refusal to act to rectify the situation.
Who should bring a charge? Any person who reasonably believes they have had their rights violated under Title VII may bring a formal complaint to the EEOC. You might even be able to file a charge on behalf of another party with the commission.
Laws and Policies Behind the EEOC
There are various policies that guide the commission, together with detailed information about how to address different types of employment discrimination. The outcome from any particular complaint varies depending on the time, size of the organization involved, and nature and gravity of the claim.
Upon receipt of a charge, the EEOC first takes into consideration the nature and gravity of the charge to determine whether action should be taken. To find out if your claim has merit and whether it can be filed successfully in court, you should seek legal advice from a reputable employment discrimination attorney.
EEOC uses the existing law and its implementation to examine whether discrimination occurred. The laws implemented by the agency are:
The Civil Rights Act of 1964
The most important federal law that governs the EEOC is Title VII, which prohibits discriminatory employment actions with respect to protected classes such as gender, race, national origin, and religion. This law exists for the creation of an equal and fair environment in the workplace. It also prohibits retaliation against any person who opposed discrimination or filed a charge.
Pregnancy Discrimination Act of 1978
The PDA renders it unlawful to discriminate against someone on account of pregnancy, childbirth, or related medical conditions. The employer must also not practice discrimination or create an unpleasant environment for single mothers or pregnant women who are not married.
Age Discrimination Employment Act (ADEA)
The ADEA prohibits discrimination and harassment in employment against persons who are 40 or older. Advertisements for many jobs set forth age limitations and other requirements that shut out persons 40 or over. The ADEA protects the rights of such persons to employment irrespective of their age.
1963 Equal Pay Act (EPA)
The EPA prohibits paying different wages to men and women who perform the same job.
Americans with Disabilities Act (ADA)
The ADA prohibits unfair treatment by an employer of qualified employees with disabilities, mental or physical. It requires his or her employment of disabled persons and qualified persons alike with equal opportunity. Likewise, employers must accommodate an easy working environment for persons with disabilities to reduce any inconveniences that may render the job setting unfavorable or hostile.
Genetic Information Non-Discrimination Act
GINA disallows any harassment or discrimination of a worker by an employer because of a genetic disorder or condition. An employer should not disqualify you from wages or benefits on the basis of your genetic information; also, they should not use your genetic information to favor the employment of other persons.
Before lodging a formal charge with the EEOC, you must identify the specific principle or law violated by the employer to ensure that you recognize employment discrimination and harassment you have been subjected to. Usually, you should first bring the matter up with your employer to try to solve the dispute internally before making a report to the commission. The employer must provide a system for reporting, investigating, and settling employment discrimination complaints.
If the employer fails to take action, you will have a stronger claim because you can sue them, alleging they knew about the harassment but enabled it by not taking action. You can complain to the commission and the case will be adjudicated by an administrative judge (AJ).
Some employers will not be happy with the formal complaint and could be tempted to retaliate. Thankfully, retaliation should not discourage you from reporting, as you enjoy protection under the law, and any retaliatory acts are deemed employment discrimination.
Lodging a Formal Complaint with The EEOC
An EEOC counselor manages the formal complaint procedure. You can file a charge in person or do it for an aggrieved party.
Before submitting your complaint to the commission, check with the commission’s counselor to evaluate your case and provide legal advice. When the EEOC receives the complaint, it will notify the employer or the party addressed in the claim about the charge within ten days. Afterwards, it will investigate whether the claim can be substantiated. Once the inquiries conclude and the commission determines there is no proof to support the allegations, they will dismiss the complaint and notify the aggrieved and respondent of the decision.
In contrast, if the investigations show reasonable cause that the claims are valid, the commission’s counselor will try to settle the case informally. You have two alternatives. The first is to undergo External dispute resolution (EDR) or commission counseling. The options allow the two sides to sort out the matter. Most employers prefer dispute resolution and will use this chance to settle the case. All the details of the informal settlement remain confidential and cannot be used in subsequent hearings without approval from the concerned parties. Any person who discloses the information risks a court fine of at most $1,000 or no more than twelve months of incarceration.
However, when the employer fails to satisfy your demands, you can return to the counselor for guidance on the next steps. In the interview, the counselor will advise whether you should lodge a formal charge and offer assistance with the filing process.
After the interview, you will have fifteen days to submit your formal charge or complaint, sufficient time to air all your grievances.
The timeline for filing the complaint is 180 days from the date of the employment discrimination.
Details of the Formal Claim
The information that you should capture in your complaint is:
- Your name, phone number, and physical address
- An account of the events you believe amount to employment discrimination or harassment
- Reasons that make you think the conduct or treatment you experienced at work amounts to discrimination
- A brief description of the injuries sustained
- You and your sexual harassment attorney’s signature
The Complaint Procedure
The stages for lodging a formal charge are:
- EEOC Counseling
After determining that you have a case against the respondent, the case enters the informal or pre-complaint stage, where the commission’s two parties examine the evidence presented and try to solve the matter through a settlement.
Many employment discrimination claims are resolved at this stage and do not escalate to formal complaints. Employers prefer dispute resolution because the details remain confidential and do not dent their reputations. However, if the matter were to escalate to a formal proceeding, the details would become public, affecting the organization’s image. Also, formal proceedings are time-consuming and expensive, making ADR favorable.
- Formal Charges
The charges proceed to this stage when dispute resolution fails to result in a settlement, and the commission sues the employer in court. Even if the commission opts not to sue, you still have the right to lodge a lawsuit against the employer for compensation. The formal complaints process ends with the Final Agency Decision (FAD).
- Appealing FAD
If the FAD is unfavorable, you can appeal to the commission.
You should know that before you take the case to court, you must exhaust all administrative processes provided by the EEOC, except if the employment discrimination is solely filed under the EPA and ADEA.
Expectations After Lodging a Formal Claim with the EEOC
When you submit your complaint, the EEOC will acknowledge receipt through a letter. They will review it and find out if there is a procedural basis for a dismissal, like a late submission. If your complaint is filed after the lapse of the statute of limitations, the commission will dismiss it even if it had merit. Nevertheless, they will give you instructions on the appeal process. You have thirty days from the date of the dismissal to appeal.
Therefore, whenever you experience what you reasonably believe to be employment discrimination, you should consult with an attorney immediately to start building a claim and ensure that you submit your complaint before the lapse of the provided timeline.
If the commission accepts your complaint, they will order a full investigation. However, the commission can agree to proceed with some sections of the complaint and drop others. So, you should be patient enough for the final ruling to plan your next move.
Complaint Inquiry
The EEOC takes 180 days after filing to investigate the complaint thoroughly. You will receive an additional 180 days if new evidence or accusations must be included in the original claim. You can also sanction an extension not exceeding ninety days.
Once the investigators conclude their investigations, they will advise you to ask for an administrative proceeding administered by an administrative judge or request the EEOC to issue a verdict on the case.
When investigators fail to finish the investigations within the provided 180 days, you can opt to wait for another 180 days, ask for an administrative proceeding, or lodge a lawsuit in the district court. When you go for the administrative proceeding, an AJ presides over the hearing.
Duties of Investigators
Agency investigators are charged with gathering case details, like recording statements from employers and workers. Additionally, they will collect personnel files and handbooks on the organization’s workplace discrimination policy. Their duty is to collect evidence and not to decide whether the discrimination happened.
Voluntary Settlement
The commission’s counselor will recommend ADR in an informal setting to allow parties to arrive at a settlement without going before an AJ. If the employer meets your demands and you settle the case, the complaint will be dropped. Not every settlement offer made by the employer is suitable. Have your attorney evaluate the deal; if it is favorable and covers all your losses, you can accept it. However, you can reject the offer and take further action when it is unfavorable.
Employer Non-compliance
If your employer agrees to your demands but fails to honor their side of the deal after charge dismissal, you must inform the EEOC within thirty days of the non-compliance. The employer should then respond to the accusations to settle the conflict.
Available Damages
When you win the lawsuit or the employer agrees to settle, you will be eligible for many damages, including:
- Attorney fee
- Lost employment benefits
- Pain and suffering
- Punitive damages if you can prove the employer was extremely harsh towards you
Improving the Possibility of Winning Your Employment Discrimination Claim
There is no assurance that you will receive compensation after submitting an employment discrimination claim. Therefore, you should always build a strong case before submitting it to the EEOC or AJ. However, you require a competent employment discrimination attorney to build a solid claim. The strategies you can employ for a fair verdict are:
- Hire a Competent Attorney
When you submit a complaint with the EEOC, you go against your organization and its associates. Your employer has the money to hire the most reputable law firm to defend against the accusations. So, while it is optional to have legal representation during the formal claim or lawsuit, you should hire a competent attorney to represent you and your interests. Without representation, your employer’s legal representatives will make you believe your claim is hopeless and offer a settlement that, though unfavorable, you could be tempted to take because you think you cannot win. However, when you have an attorney, they will explain the entire process and possible outcomes depending on the evidence. Besides, the lawyer will negotiate with the respondent’s legal team for a favorable deal. If the agreement is unfair, the attorney will advise you to take the case to the next phase.
The entity you work for and your coworkers you believed were your friends, can turn against you when you report a discrimination or harassment incident. During these times when you feel alone, your attorney will be your friend and help you fight to ensure you receive the justice you deserve. Your legal representative will be on your side every step of the way to answer your questions and provide guidance.
Your attorney is the best chance for maximum compensation. Therefore, hire an attorney with knowledge of cases like yours and a proven record to improve your chances of winning the lawsuit.
- Cooperate With the Commission’s Investigators
When you submit your claim, the EEOC assigns it to investigators who collect evidence to determine the validity of your claims. Work closely with investigators to uncover all the details of the alleged discrimination. Provide all the information they need for the case. A good working relationship with investigators reinforces the validity of your allegations.
- Follow the Right Procedures
The anger following employment discrimination could tempt you to confront the perpetrator. Doing so will hurt your pursuit of justice. Instead, you should adhere to the policies in the employer’s handbook when reporting your case. If you do not understand what is expected of you, you should read the handbook or contact an attorney to gather evidence and build a claim through the proper procedures. With a legal representative, you will avoid mistakes that would have cost you the claim and compensation.
- Tell The Truth
The civil court and commission want to uncover the truth and enforce Title VII. So, tell the truth and let the facts support it. If the AJ or commission believes you are not genuine, you could lose the case or receive reduced compensation.
Find an Experienced Employment Discrimination Attorney Near Me
Title VII is the foundation of equal employment opportunity, which champions a discrimination-free employment environment. If the employer or supervisor has violated Title VII of the Civil Rights Act of 1964: equal employment opportunity, you should speak to an attorney to start building a claim. At Empower Sexual Harassment Attorneys, we understand Title VII and can help you win your claim. Call us at 619-604-3027 to schedule an appointment in San Diego, CA
