Workplace Discrimination in Casper, WY

Discrimination is an all-too-familiar scenario for many in the workplace. Likewise, it is also the most common type of workplace lawsuit that workers file. An experienced Casper, Wyoming workplace discrimination attorney can help. Find out how.

What Is Workplace Discrimination?

Discrimination in the workplace deals with unfair treatment. These laws can vary, depending on factors such as race, gender, sexual orientation, physical disability, physical qualities, or age. Workplace discrimination can occur between employees or between employers and existing or prospective employees.

Casper, Wyoming Labor laws make some types of workplace discrimination illegal. If illegal discrimination occurs, workers may be able to file a workplace discrimination lawsuit. A worker does not need to currently have employment from a company to face qualifying acts of discrimination. For instance, say the company chose not to hire someone. If it’s because of a qualifying characteristic, the individual may be able to file a claim.

Here are some of the most common types of discrimination that occur in the Casper, WY work environment:

  • Choosing not to hire someone because of their disability
  • Choosing not to promote someone because of their race
  • Excluding someone from a project because management says they’re too old
  • Making misogynistic comments about women
  • Deliberately paying men more than women because the boss values their work more

Should You File a Complaint With the HR Department or the EEOC?

Most Casper, WY companies have a human resources department and discrimination in the workplace falls within their portfolio. For that reason, raising concerns with the appropriate HR representative may include filing a written report, a possible sit-down interview, and an investigation.

Sometimes a company does not have a human resources department and there are no policies in place. To resolve the issue, you might take your concerns directly to the Equal Employment Opportunity Commission. They can assist you in investigating the claim and possibly filing a lawsuit.

The EEOC may take months to complete their investigation into your employer in Casper. As reported by the commission, many of the cases they handle wind up settling in mediation. Regardless of what happens by the end, federal officials can ask for witness statements and on-site visits at your workplace along the way.

What Laws Protect Against Discrimination in the Workplace?

There are federal workplace discrimination laws that help to protect employees. On a federal level, Casper employees have protections from discrimination under Title VII of the Civil Rights Act of 1964. However, many states have even stronger laws that offer additional protections.

Let’s use an example. California is the first state where ethnic hair and the right to wear it naturally became a right with protections. In other states, employers may discriminate against natural hair because it is part of racial discrimination.

Many employees throughout Wyoming rely on federal help with battling prejudice from an employer. The lack of specific discrimination legislation caught the attention of the federal government. According to the Casper Star-Tribune, the United States Commission on Civil Rights wants legislators to pass hate crime legislation.

Title VII of the Civil Rights Act of 1964

This specifically prohibits employers from discriminating against employees on the basis of race, religion, sex, color, or national origin. It typically applies to organizations with 15 or more employees. It also applies to schools (both public and private) and labor organizations. The EEOC’s primary responsibility is enforcing this law.

Wyoming Labor Standards gives an employee the right to file a discrimination complaint through an attorney. Getting the details correct is critical to a successful legal action against your employer in Casper. Current legislation also allows you to amend any details within 30 calendar days of the filing date, if necessary.

Other Notable Applicable Federal Discrimination Laws

Examples of State Workplace Discrimination Laws

  • Wyoming: Fair Employment Act of 1965 – bans discrimination by employers in the state and offers civil remedies
  • California: The CROWN Act – Bans employers from discriminating against ethnic hair.
  • New York: Human Rights Law – Prohibits discrimination.. Includes expansions to include ethnic hair, sexual orientation, and gender identity as characteristics with protections
  • Washington: Washington State Law Against Discrimination – Makes discrimination illegal, including discrimination against disabled people who rely on service animals

What Is the Workplace Discrimination Process Like?

Filing a claim for workplace discrimination in Casper, Wyoming can be a tricky process given the number of potential laws in play. This is especially the case when the characteristics with protections only qualify under state law. The EEOC enforces federal workplace discrimination laws. In some cases, individual state labor departments handle the claims that only qualify under state law.

Filing a Claim

When it comes to federal claims, workers have about 180 days to file, to remain within the statute of limitations. Time is of the essence with discrimination claims. It’s a good idea to hire a discrimination lawyer to help from the beginning.

Casper, WY claimants also need to provide some basic information with their claim. Depending on the agency, the employer’s name, the name(s) of involved parties, and a description of the incident. It will also include the contact information for everyone with involvement in the issue.

Once the investigation has begun, the agency may request more information. They generally give you ample time and opportunity to produce said information if this happens.

Investigating the Claim

The investigation may involve interviewing the Casper employee, employer, and other employees at the same place of business. However, it may also include anyone else who may have relevant information. The agency determines that the claim is valid and discrimination did, in fact, take place. The next step is generally to work for settlement or mediation. For this reason, both parties may have an incentive to work out a compromise.

Still, it might be necessary to file a lawsuit with the appropriate court. This is especially true if the parties cannot reach a settlement on the employee’s behalf. If that’s the case, an attorney issues what is known as a “Right To Sue” letter. This letter gives the employee suffering from discrimination the right to sue on their own accord.

Up to 30 days after receiving a dismissal or final orders that don’t match your experience, you can go through an appeals process. According to the EEOC, taking this action prompts their lawyers to review your case files. If they do not overturn the final order or dismissal, your attorney from Casper may file a lawsuit as a last resort.

Work With an Experienced Workplace Discrimination Lawyer In Casper, Wyoming

Consider hiring a Casper lawyer who specializes in discrimination as soon as the incident takes place. Experts often recommend that you resolve the issue internally through the proper HR channels. On the other hand, many employers mishandle these cases.

If you are considering a lawsuit an attorney becomes even more necessary. Casper, WY discrimination attorneys can help you with the paperwork, prepare you for depositions, and find corroborating witnesses to support your claim.

If the court rules in your favor, you might become entitled to several different compensatory benefits:

  • Back pay
  • Promotion
  • Reinstatement
  • Front pay
  • Reasonable accommodations
  • Payment of attorney’s fees, court costs, and expert witness fees

Are you ready to find out if you are eligible for these benefits in Casper? Start with a case review.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.