Workplace Discrimination in Durham, NC
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 Durham, North Carolina 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.
Durham, North Carolina 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 Durham, NC 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 Durham, NC 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.
Durham employees can file a federal complaint with the Raleigh Area Office of the EEOC. The EEOC will accept complaints within 180 days of the discriminatory act. In fact, the EEOC may extend the deadline to 300 days if North Carolina laws also apply. The agency will send a copy of the charge to the employer within 10 days. Then, the employer must willingly cooperate with the ensuing investigation or face a subpoena. Although employers have the chance to settle, the EEOC may end up litigating your case if they find evidence of discrimination.
What Laws Protect Against Discrimination in the Workplace?
There are federal workplace discrimination laws that help to protect employees. On a federal level, Durham 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.
The North Carolina Department of Labor is responsible for enforcing the 1992 North Carolina Retaliatory Employment Discrimination Act (REDA). Under REDA, Durham employers cannot retaliate or discriminate against employees who engage in one of the protected activities under the law. Some of these protections cover those with sickle cell or hemoglobin C, victims of domestic violence, and participants in the National Guard.
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.
The North Carolina Office of Administrative Hearings, Civil Rights Division (CRD) investigates state employee complaints under the North Carolina Human Resources Act. The Act protects state employees from discrimination because of their race, color, sex, religion, national origin, age, disability, or genetic information. State employees in Durham can file employment discrimination complaints with the CRD. The CRD is also responsible for enforcing the North Carolina Fair Housing Act.
Other Notable Applicable Federal Discrimination Laws
- Equal Pay Act (EPA) – Deals with equal pay act for men and women
- Age Discrimination in Employment Act (ADEA) – Protects workers aged 40 and over
- Americans with Disabilities Act – Protects employees with physical disabilities
Examples of State Workplace Discrimination Laws
- North Carolina: Under the North Carolina Equal Employment Practices Act (EEPA), a Durham employer cannot discriminate on the basis of race, religion, color, national origin, age, sex, HIV/AIDS results for current employees, or disability. The EEPA covers employers in Durham and across the state with 15 or more employees.
- 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 Durham, North Carolina 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.
Durham, NC 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 Durham employee, employer, 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.
The EEOC provides a convenient online Public Portal for appeals in Durham. If you disagree with the EEOC’s final action, you must submit your appeal within 30 days of receiving that decision. If you miss the 30-day deadline, you may forfeit your right to an appeal. A Durham employee may also submit an appeal in person at the Office of Federal Operations in Washington, D.C.
Work With an Experienced Workplace Discrimination Lawyer In Durham, North Carolina
Consider hiring a Durham 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. Durham, NC 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
- Front pay
- Reasonable accommodations
- Payment of attorneys’ fees, court costs, and expert witness fees
Are you ready to find out if you are eligible for these benefits in Durham? 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!