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, reveal 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 at Holman Schiavone, LLC, 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 Vs. 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, it’s important to know that you have legal options to address these injustices. First, document all incidents of discrimination or harassment, noting dates, times, participants and and witnesses. Then report it 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 initiates your company’s internal grievance procedures. Cooperate with any internal investigations, but if you face any roadblocks or feel you are experiencing further mistreatment, contact a lawyer right away.
If the internal process does not resolve the issue, or if you are not satisfied with the outcome, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or equivalent state agency in Kansas or Missouri. We can help you do so. These agencies can investigate your claims and determine if discrimination has occurred. Filing a complaint is a prerequisite for pursuing most types of discrimination cases in court.
The EEOC or state agency may attempt to help you settle the case. You should have a lawyer at this stage so that you know your rights and don’t agree to an unfavorable settlement. In some cases, the agency may sue your employer. Ideally, they will issue you a “right to sue” letter that allows you to file a civil lawsuit in federal or state court against your employer.
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. We have built a reputation as attorneys who compassionately represent 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 individual 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 it relates to your case and potential damages.
Experience and compassion matter. This is why clients choose us to handle their employment discrimination claims. Our success and track record speak for us.
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.