Employers need to be careful when it comes to acts that could be construed as discrimination. They could face embarrassing and costly lawsuits that may put a damper on their reputation. Here are some commonly asked questions about employment discrimination.
Does Discrimination Require Intent?
Not necessarily. An employee can file a lawsuit for actions that have a disparate impact on them as a protected class.
What Happens When an Employee Claims Discrimination?
You should perform a full investigation of the employee’s claims and consult with an employment discrimination lawyer. Most importantly, you must be careful not to retaliate against that employee, regardless of whether their claim has any merit.
What Is the EEOC’s Role in a Lawsuit?
The employee must file a complaint with the EEOC first before they can file a lawsuit. The EEOC may file a lawsuit on their behalf. If the EEOC will not sue, or if they give permission, the employee may file a lawsuit directly.
What Can an Employee Get if They Win a Lawsuit?
The employee can ask for a wide range of action to reverse the effects of discrimination, depending on their own situation, but the court will decide the ultimate remedy. Some available things are:
- Back pay
- Reasonable accommodation
- A pay raise
Basically, the employee is trying to be made “whole” as if the discrimination never happened. Usually, they are responding to a certain alleged action, so they will ask that it be reversed or “made right.”
Reach Out to Atlanta Employment Discrimination Lawyers
For help with your employment law matters, reach out to an Atlanta employment attorney from Battleson Law. You can contact us online or call us at 470398.0720 to discuss your business law issue.