To establish a discrimination claim, you will need to show that your employer treated you wrongly or unfairly for being part of a protected class: mainly, because of race, religion, gender, sexual orientation, or age (over 40 years old).

The burden for showing this type of discrimination is that the discrimination was either severe and/or pervasive. This means one solitary incident could be sufficient if it is severe enough – such as outright sexual assault for sexual discrimination – or if not, that there was ongoing discrimination that made it impossible for you to do your job properly.

If the burden of proof is met for establishing a discrimination claim, your compensatory damages (damages for pain and suffering) will be capped from $25,000 to $300,000 depending on the size of the company, and if state and/or federal discrimination claims are being brought.

Race-based claims are not subject to a compensatory damages cap. These caps do not apply to economic damages, or back pay and front pay damages, plus interest (trial is rare and if it happens it usually will not be for about 1-2 years from the beginning of your lawsuit at the earliest. Backpay covers you from the date of ending employment until your trial date).

If you are in need of employment law representation, fill out our intake form. Questions? Contact us.

An important part of winning on a discrimination claim is exhausting your internal grievance process for sexual discrimination at your workplace. The law generally wants to give employers the chance to remedy discrimination, and they cannot do so if they are not put on notice. That said, certain severe discriminatory acts could still be grounds for relief, since the employee may not have had a chance to give the employer notice of the wrongdoing before it happened (such as an assault).

If you think you’ve been discriminated against at your place of employment, now is the time to reach out to us and see if we can help. It’s not worth suffering under what may be illegal conditions.