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Employment Discrimination Attorneys
Defending Employees’ Rights throughout the U.S.
Age Discrimination Attorneys – Race Discrimination Lawyer
Sex Discrimination Law Firm
Federal laws prohibit discrimination because of one'sage, race, gender, religion, national origin, or a protected disability. Most state laws prohibit some or all of these forms of discrimination. Discrimination because of weight or marital status is also illegal in some states.
If your employer has discriminated against you on the basis of age, race, sex, color, religion, or national origin, please contact the employment discrimination attorneys at Huizenga & Hergt, P.C., for a case evaluation.
Our law firm has nearly 30 years of experience protecting the rights of America’s white collar workers. We’d like to help you, too.
It is important be able to recognize employment discrimination when it occurs. It is very rare that an employer will make a statement (i.e. I'm firing you because I want someone younger) indicating a discriminatory intent. When such statements occur this is known as direct evidence. The vast majority of cases however are based on circumstantial evidence known in the legal community as the prima facie case.
This type of case is usually shown by demonstrating that an individual because of a protected class, such as age (40 or over), race (all races), or sex (both sexes) was treated differently than their counterparts who are younger, of a different race, or of the other gender. Employment discrimination cases are also proven by showing that an individual, in the protected class, is replaced by someone outside their class or who is younger.
A person's age race or sex for example however does not need to be the only reason to make an adverse action, such as termination, illegal. Age, race or sex merely has to be a factor that made a difference in the employment decision. In other words, even if there are other nondiscriminatory reasons for the employer's actions, an adverse action is illegal if a person's age, race, or sex was a factor that made a difference.
When you don't have direct evidence of a discriminatory motive you must also prove that the employer's stated nondiscriminatory reason for an adverse employment action is a pretext. Demonstrating that the employer's explanation is not worth of belief may show pretext. To meet this burden the employment law attorney must have obtained the relevant documents, have the ability to cross-examine witnesses effectively, and delve into their minds to reveal their true intent. In our view, the ability to do so is rare and is an art. This is where cases are won and lost.
To preserve your rights under Federal law you will have to file a charge with the U.S. Equal Employment Opportunity (EEOC) as well as the state agency responsible for investigating such claims. The time limits to do so are relatively short and the amount of time you have to file a charge depends on whether the state has an agency that investigates the type of conduct you are complaining about. In most cases, but not all, the EEOC will refer your charge to the state agency. When you file a charge you should ask the investigator whether or not your charge will be referred to the state agency.
Before you file a workplace discrimination charge we strongly recommend that you seek legal advice to make sure that you have properly preserved all your claims. If you fail to properly include claims in the charge you will be limited in the type of claim that you can make in Court. Sometimes it is more advantageous to file a lawsuit under state law if the state discrimination statute permits this. Under some state employment discrimination statutes if you pursue an EEOC charge you may be giving up your right to file a case under the state law. The time limits, in a number of states, for filing a case are generally longer than the time limits for filing an EEOC charge. As a result a claim barred because of time limits under federal law may not be barred under the state statute. These potential pitfalls illustrate why you should seek legal advice.
For high quality legal representation and responsive client service, contact the employment law attorneys at Huizenga & Hergt, P.C., today.
From our offices in the historic Penobscot Building in Detroit, Michigan, our firm has represented clients in the following states: Arizona, California, Colorado, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas and Virginia.