Seasoned Employment Discrimination Lawyers In Kansas City

Have you been discriminated against at your place of work or when seeking employment? Employment discrimination is against the law everywhere in the United States. Unfortunately, it still happens more often than we think.

At Holman Schiavone, LLC, we fight for those in the Kansas City area who have experienced illegal employment discrimination or harassment. We are skilled attorneys who can help you fight back through strategic legal action. We will uphold your rights and protect you from retaliation or other mistreatment.

The Disheartening Statistics About Employment Discrimination

Analysis of figures from the Equal Employment Opportunity Commission (EEOC) by PAYCHEX, reveals that over 1.8 million employment discrimination cases were filed in the U.S. between 2009 and 2018. The composition of cases filed is as follows:

• 49% – Retaliatory discrimination
• 34% – Racial discrimination
• 32% – Disability discrimination
• 30% – Discrimination based on sex, gender, and sexual orientation

State-specific data based on this analysis shows that Missouri is one of the states with the highest cases of reported employment discrimination cases at over 33.5 cases per 100,000 people. This is a very high number considering that not all cases of discrimination are reported. As discrimination lawyers in Kansas City, we can attest to the fact that more employees are coming out to actively fight against employment discrimination.

What Is Employment Discrimination?

Discrimination takes many forms; some victims even fail to realize they have been discriminated against. What is apparent, though, is that discrimination of any form may have a devastating impact on the victim. As it relates to the emotional impact that discrimination may have on a victim, it may leave them feeling lost and confused. The discrimination sometimes even results in individuals losing confidence in themselves and their abilities. Every day, millions of Americans lose the opportunity to earn a decent living and reach their potential because they are discriminated against.

If you believe you have been a victim of discrimination, we are Kansas City discrimination attorneys who are here to help. While it is understandable for you to feel angry and hurt by the conduct of your employer or the actions of a prospective employer, your decision to fight for justice should be an educated one. Before Googling “attorney for discrimination near me” to begin remedying the injustice, you should first understand what constitutes employment discrimination.

What Are The Forms Of Employment Discrimination?

The Missouri Human Rights Act makes it illegal for an employer or recruiter to discriminate against an employee or job candidate based on a protected category. There are also federal employment laws that protect workers from being discriminated against or retaliated against.

Many workers do not know this, but employment discrimination extends beyond hiring and firing. There is a long list of actions that can constitute discrimination. Federal and state laws against discrimination allow individuals to be free from employment discrimination.

Under the law, employers and institutions cannot treat you unfairly or differently from other employees. However, cases of discrimination are not uncommon. Victims of discrimination report being treated differently based on the following:

• Pregnancy discrimination – unfair treatment of an employee or job candidate due to pregnancy, childbirth or a medical condition related to pregnancy or childbirth
• Age discrimination – less favorable treatment of workers over age 40
• Sex or gender discrimination – mistreatment because of sex, gender, gender identity, perceived gender or sexual orientation
• Racial discrimination – unfair or disparate treatment because of race or personal characteristics associated with race (such as hair texture, skin color or certain facial features)
• Religious discrimination – disparate treatment because of someone’s religious beliefs or failure to make reasonable accommodations for their religious practices
• Racial harassment – ongoing pattern of verbal mistreatment, insults, jokes or other harassing behavior due to someone’s race
• Sexual harassment – physical or verbal behavior such as sexual jokes or comments, unwanted touching, requests for sexual favors or sexual advances
• Discrimination by association or relationship – unfair treatment because of someone’s association with a person of a particular race, religion or other protected category (for example, being married to a person of a different race)

Examples Of Employment Discrimination

Employment discrimination can happen in different employment-related situations. Some common examples are:

• Excluding applicants during the recruitment of new employees based on a protected category
• Suggesting or listing the preferred type of candidate in a job advertisement
• Paying employees with equal qualifications serving in the same position different salaries for reasons that are not legitimate business reasons
• Denying certain employees’ benefits or compensation
• Skewed allocation of company facilities or resources
• Discriminating against employees when assigning shifts, leaves, time-offs or extra time options
• Discriminating when laying off or promoting workers
• Discriminatory drug testing

If you’re not sure whether you’ve experienced discrimination, talk to a lawyer about your situation.

Discrimination Versus Harassment

Many people think that discrimination and harassment are the same. They are not.

Discrimination occurs when the employer or manager treats a group of employees differently because of their protected status or because they are members of a minority group. Harassment, on the other hand, is the unfair treatment targeted at one particular person. Harassment is also a form of discrimination. Whether you are a victim of harassment or you believe you were discriminated against, what ultimately matters are the facts of the case.

There is a big difference in how the law addresses harassment and discrimination. For instance, if you are a female employee and a manager continually directs vulgar sexual innuendos at you, this would be sexual harassment. If the same manager has a habit of harassing every other female employee, it becomes sex/gender discrimination.

What Are Your Legal Options For Fighting Employment Discrimination?

If you believe you have experienced unlawful employment discrimination or harassment, there are some important steps that you should try to follow.

Document direct evidence immediately

Direct evidence is often called the “smoking gun.” It can be any information that explicitly proves a discriminatory motive without any guesswork or interpretation. To build a strong foundation for your claim, you should actively preserve these specific types of proof:

• Digital communications: Forward relevant emails, Slack messages, and other corporate communications to your private email or save screenshots. Do not leave them exclusively on your work computer.
• Voicemails and texts: Similarly, back up and save all relevant audio files, text messages, and call logs.
• A journal of incidents: Keep a detailed diary at home of every single incident. Write down the specific date, time, location, who was present, and exactly what was said.

Identify circumstantial evidence

A lot of discrimination is very subtle. Circumstantial evidence can prove bias by showing that your employer consistently treated you differently from other colleagues in similar positions. You can uncover these patterns of bias by evaluating how your workplace operates on a day-to-day basis:

• Identify comparators: Note how your employer treats coworkers in the same role who are of a different race, gender, religion, or age than you.
• Note disparate treatment: Observe if those coworkers receive better assignments, higher pay, or fewer disciplinary actions for the exact same behaviors.
• Gather statistics: Document whether a specific demographic makes up the vast majority of a recent layoff or the majority of employees being singled out for discipline.

Report your findings internally

Report your findings to your Human Resources department or a designated compliance officer within your company, assuming there is one and you feel safe doing so. This should formally initiate your company’s internal grievance procedures. Cooperate fully with any internal investigations. If you face any roadblocks or feel you are experiencing further mistreatment, contact a lawyer right away.

File an administrative complaint

If the internal process does not resolve the issue satisfactorily, you can file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or the equivalent state agency in Kansas or Missouri. Filing an official agency complaint is a mandatory prerequisite before you can legally pursue most types of discrimination cases in court.

Navigate the agency process with counsel

The EEOC or state agency may attempt to help you settle the case through mediation. You should have a Kansas City employment lawyer by your side at this stage so that you fully understand your rights and don’t accidentally agree to an unfavorable or undervalued settlement.

Understanding The Internal Report Requirement

Missouri employers often use a specific strategy called the Faragher-Ellerth Defense to avoid liability. Using this doctrine, employers can sometimes dodge accountability if they can show that:

• They took preventative measures against harassment, such as behavior policies and reporting procedures. 
• You failed to use their internal procedures and do not have a valid reason for avoiding them. 

What Our Discrimination Attorneys In Kansas City Will Do To Help You

At Holman Schiavone, LLC, we understand that your future may depend on skilled and dedicated legal representation. We also understand that when you contact our firm, you may be at your most vulnerable, both financially and emotionally. Our employment lawyers have built a reputation for compassionately representing employees in discrimination lawsuits in Missouri and Kansas. We are on a personal mission to stand up for your rights and go to great lengths to fight unfair and discriminatory employment practices.

When you come to us, our team will take the time to analyze your case and explore every legal option to protect your rights. Our strategy is to get the best results for you through a negotiated settlement or a trial.

There are three core reasons you should entrust your case with Holman Schiavone, LLC, employment lawyers in Kansas City:

• We will assess the situation and come up with a strategy that is best for you individually and your case.
• We will work with you to gather the necessary evidence for your case, and we will prepare each case, from the outset, as if we are going to trial.
• We will provide you with the economic and emotional realities as they relate to your case and potential damages.

Experience and compassion matter. This is why clients choose our team for workplace disability discrimination in Kansas City to handle their employment discrimination claims. Our success and track record speak for themselves.

Contact An Experienced Kansas City Employment Discrimination Attorney Today

If you, or someone you know, is a victim of employment discrimination, contact us to speak with a compassionate and knowledgeable workplace discrimination lawyer at Holman Schiavone, LLC, today. We offer free consultations. Call us at 888-493-5074.