Employees are typically presented with contracts at hiring and termination. Sometimes, they may be asked to sign new contracts upon promotion. However, this makes these processes more likely to see disputes, such as over discriminatory hiring and firing decisions.
There are many scenarios that could lead to employment discrimination disputes in Atlanta. If you are an employer dealing with allegations of discrimination, or if you are an employee being discriminated against, it is best to seek legal representation from a dedicated attorney. At Sparks Law, we have significant experience handling these situations and can advise you of your rights throughout the legal process.
Lawsuits for discrimination against employees are common in Atlanta. These cases may arise from OSHA (Occupational Safety and Health Administration) or regulatory law violations. Additionally, the employer may have improper questions on the employment application, such as those related to:
It is important to note that the employer is allowed to ask but cannot compel an employee to answer these types of questions. For instance, pressuring an employee into answering whether they plan on getting pregnant soon could lead to significant consequences for an employer.
Discrimination disputes in the workplace often occur during hiring or firing decisions. For example, say an employer refuses to hire any person of color. Say an employer fires somebody after finding out that they were Muslim or terminates someone after being told that they were planning to get pregnant. These scenarios are obviously discriminatory in nature and not adequate reasons to fire or refuse to hire somebody.
Employer discrimination is actionable under the United States Code, Title VII. There are many regulatory compliance laws through various government agencies that also prohibit this type of behavior by employers. Anyone facing or alleging employment discrimination in Atlanta should discuss the legal side of it with a knowledgeable attorney at our firm.
Every lawsuit must prove what is called an injury, meaning some type of loss. Typically, these injuries are economic in nature. When an employer hires, fires, or promotes someone, it involves money, so lawsuits for discrimination may seek to compensate an employee for their alleged monetary losses.
For the same reason, it can be difficult to prove to a court that discrimination and subsequent economic injuries occurred on a normal day at work. These scenarios may cite psychological or emotional losses rather than financial, which can be difficult to prove in a court of law, especially without skilled legal counsel.
If a person says, “I was fired because of this discriminatory reason,” it is easy to calculate how much money they would have made if they were not fired. However, it is harder to prove a subjective loss like the psychological and emotional trauma of a racist remark. Recovering compensation for emotional injuries requires help from an experienced local attorney who can argue for the psychological costs of an employment discrimination incident.
For instance, a diligent attorney at our firm might build a case for the monetary costs of an employee’s damaged psychological health, ability to be hired by other employers, or relationship with their family. However, these cases are difficult to make, so it is important for those seeking compensation for emotional damage to consult a skilled employment discrimination lawyer at Sparks Law.
Employment disputes over discrimination claims are common at the hiring, firing, and promotion stages of a company. Both employers and employees involved in these disputes should seek legal representation from a seasoned attorney. At Sparks Law, our lawyers know how to handle employment discrimination disputes in Atlanta and can build a strong case on your behalf based on the relevant laws and regulations. Give us a call today to discuss your situation.