Employment is a part of everyday life. Discrimination may not be as readily apparent, but it also occurs. How will you know if you’ve been discriminated against in the course of your employment?
That question can be difficult to discuss and even more difficult to prove. Minimally, under the law in the United States, you may only have a Federal Cause of action if you’re a part of a protected class.
What is a protected class? Under federal law, a protected class is anyone who may be discriminated against based upon the following:
iii. Ethnicity/National Origin
v. Age (40 years of age or older)
vii. Family Medical Leave Act Discrimination
While there are special rules for cases under any of the foregoing subsections of law, these are some of the general hurdles that must be overcome to have the standing to institute a cause of action on the federal level.
Federal causes of action also exist for Harassment, which can be either Quid Pro Quo or Hostile Work Environment Claims, Pregnancy Discrimination, and the Fair Labor Standards Act.
Tennessee has some state protections, which are more limited than its’ federal counterparts as captured in Tennessee Human Rights, Chapter 21. Violators of the TCA may also face criminal charges based on their conduct.
The key focus for any attorney is whether you are a part of a protected class. Beyond that, we will likely be curious what evidence exists to support your claim? Speaking with an experienced attorney with employment discrimination cases can assist in expediting your claim and protecting evidence related thereto.
After speaking with you and engaging in representation, your attorney may begin the process by sending a demand letter to your former employer and also including notice of litigation hold. This hold advises the adverse party to protect any and all evidence related to your employment or the prospective charges.
Damages for violations of Federal Employment Discrimination law range from Back Pay (Your normal wages from the date of your wrongful termination until the date of the finding of wrong-doing by the court), Front Pay (An acceleration of your normal wages for a set period of time from the date of the finding of wrong-doing forward), Punitive Damages (For especially egregious conduct), Pain and Suffering (For assertions related to emotional distress related to your treatment) as well as other opportunities.
If you, or a loved one, may have experienced workplace discrimination please reach out to an experienced Employment Discrimination attorney immediately for a consult! We, at Best & Brock, would appreciate the opportunity to defend your rights and value as a human being.