Workplace Discrimination in Knik-Fairview, AK

The Alaska Bar Association informs employees and job seekers that workplace discrimination comes in many forms. Physical harassment or refusing to hire someone for their race or sex are transparent violations. But there are other areas where an organization in Knik-Fairview can cross the line. Discover what state and federal law offers you to rectify the situation by reading this brief but comprehensive guide.

What Is Workplace Discrimination?

Workplace discrimination refers to the unjust treatment of individuals based on factors such as:

Laws against workplace discrimination can differ depending on the specific circumstance. Discrimination can take place between co-workers or job applicants.

In Knik-Fairview, Alaska, certain forms of workplace discrimination have prohibitions under labor laws. Employees may pursue legal action by filing a workplace discrimination lawsuit. It’s worth noting that an individual does not need to be a current employee to experience discrimination. For example, if an employer decides not to hire someone based on a characteristic, they may have grounds to file a claim.

These are some prevalent forms of discrimination that often take place in Knik-Fairview, AK workplaces:

  • Intentionally paying male employees more than female employees on account of valuing their work more
  • Making derogatory or misogynistic remarks about women
  • Excluding an older individual from a project based on management’s perception of their age
  • Refusing to hire an individual because of their disability
  • Denying someone a promotion due to their race

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

The majority of companies in Knik-Fairview, AK have a human resources department. Raising concerns with the appropriate HR representative may involve submitting a written report. Then, they may ask for an in-person interview and conduct an investigation.

If a company lacks a human resources department or fails to implement relevant policies, it may be necessary to approach the EEOC. They can assist in investigating the claim and support filing a lawsuit.

First, the EEOC will review the complaint to determine if it falls within its jurisdiction and whether or not it has merit. In some cases, they cannot take action or find the assertions are without merit. However, if the EEOC finds wrongdoing in Knik-Fairview, it may pursue a resolution.

What Laws Protect Against Discrimination in the Workplace?

Federal laws are in place to safeguard employees from workplace discrimination. In Knik-Fairview, these laws fall under Title VII of the Civil Rights Act of 1964. However, numerous states have enacted even more robust laws.

California is the first state to pass legislation recognizing the right to wear one’s hair naturally as an aspect of ethnic identity. In contrast, other states lack such protective measures. This lack of protection leaves employees vulnerable to discrimination.

The Alaska Human Rights Law (AHRL) is the primary state law prohibiting discrimination in the workplace. The AHRL protects against discrimination in Knik-Fairview based on the following:

  • Race
  • Color
  • Religion
  • National origin
  • Ancestry
  • Age
  • Sex
  • Pregnancy, childbirth, or related medical conditions,
  • Changes in marital status
  • Parenthood
  • Disability
  • Sexual orientation and gender identity.

The AHRL applies to employers with one or more employees and covers virtually all aspects of employment. Additionally, it applies to labor unions and employment agencies.

Title VII of the Civil Rights Act of 1964

This law explicitly forbids employers from discriminating against employees based on particular characteristics. A few examples are race, religion, sex, color, or national origin. Typically, it pertains to organizations with a minimum of 15 employees. It also applies to schools (both public and private) and labor unions. The primary task of the EEOC is to enforce this legislation.

Knik-Fairview residents also have civil rights legislation that covers specific areas. For example, the Alaska Native Claims Settlement Act (ANCSA) of 1971 provides for the settlement of land and financial claims. The latter includes revenue-sharing provisions for areas rich in natural resources.

Other Notable Applicable Federal Discrimination Laws

Examples of State Workplace Discrimination Laws

  • Alaska: The Equal Employment Opportunity Program created the state’s affirmative action program.
  • California: The CROWN Act prohibits employers from discriminating against ethnic hair.
  • New York: The Human Rights Law includes provisions that protect against discrimination based on sexual orientation and gender identity.
  • Washington: The Washington State Law Against Discrimination prohibits actions against individuals who rely on service animals.

What Is the Workplace Discrimination Process Like?

Initiating legal action for workplace discrimination in Knik-Fairview, Alaska can be challenging. This difficulty can be particularly true if the protected characteristics fall solely under state law. In these instances, the respective state labor departments may handle the case.

Filing a Claim

For federal claims, workers generally have 180 days to file a claim. As time is a critical factor in discrimination cases, it is worth hiring a discrimination lawyer right from the start.

In Knik-Fairview, AK, claimants must furnish basic details along with their claim. These details typically include the names of the individuals involved in the incident and a description of the event. Additionally, you need to provide the contact information of all relevant parties.

Following the commencement of an investigation, the agency may request additional information. However, claimants typically have enough time and opportunities to provide the requested details.

Investigating the Claim

As part of the investigation process, the agency may interview various individuals. They may speak to the Knik-Fairview employee, employer, and other employees at the same workplace. Additionally, anyone else who may possess pertinent information may also get involved.

If the agency concludes the claim is valid, the next step usually involves mediation. This process may incentivize both parties to arrive at a mutually agreeable resolution.

You may need to initiate legal proceedings by filing a lawsuit. This step is unavoidable if the parties cannot come to a settlement. If this situation arises, an attorney may issue a “Right to Sue” letter. This letter grants the employee the right to litigate against the employer.

If a Knik-Fairview resident is not satisfied with the EEOC’s decision, they can file an appeal. This process typically involves petitioning the decision to a higher level within the EEOC or filing a lawsuit in federal court.

Work With an Experienced Workplace Discrimination Lawyer In Knik-Fairview, Alaska

If you experience workplace discrimination in Knik-Fairview, hire a lawyer as soon as possible. Generally, it is wise to attempt to resolve the issue internally through HR channels. But some employers may not handle the situation correctly.

A discrimination attorney in Knik-Fairview, AK can assist you with the paperwork, depositions, and finding witnesses. If the court agrees with your assertions, you may receive compensatory benefits for lost wages and legal fees.

Are you ready to find out if you have a case in Knik-Fairview? Start with a case review by submitting a request or calling (866) 345-6784.

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