Resolving Complex Issues
Great strides have been made in recent decades to protect workers from unfair treatment and unsafe workplace environments. Even with strong state and federal legislation, however, mistreatment is a common occurrence. If you face discrimination at work, it is wise to seek the counsel of an experienced employment law attorney.
At the Law Office of Neil S. Hyman, LLC, we focus the majority of our firm’s resources on employment law matters. With extensive experience representing both employees and employers, we understand the full impact a court case can have. Our understanding of both sides of the dispute directly benefits our clients as we can work quickly and efficiently to find a legal resolution.
What Is Discrimination?
If decisions are made regarding your employment status based on your inclusion in a protected class, you might be facing workplace discrimination. If you were denied a promotion, assigned an unsavory schedule or terminated based on factors outside of your work performance, it might be wise to discuss the matter with an employment lawyer.
Generally, people can make the case for discrimination based on numerous factors. The most common cases of workplace discrimination can include:
- Gender
- Age
- Religion
- Marital status
- Race
- Color
- Pregnancy
- Sexual orientation
- Disability
If you were terminated, denied a promotion, transferred to another department or received an unfavorable performance review based on anything other than your work history, we encourage you to schedule a consultation at our office.
We are proud of our long history of resolving complex employment matters. Whether we are negotiating a resolution or representing our clients in court, we pride ourselves on thorough preparation and compassionate guidance.
Common Questions About Workplace Discrimination Claims
Discrimination at work can affect your income, your reputation and your ability to move forward with confidence. Before you decide how to respond, it is wise to understand the following:
What proof can help support a workplace discrimination claim in Maryland?
Useful proof can include documents, messages and witness information that show what happened and why the decision might have been connected to your protected class. Emails, text messages, schedules, job postings, written policies, performance reviews, disciplinary notices and termination paperwork can all help create a clearer picture.
A timeline is also important. You should note when the mistreatment happened, when you reported it, who was involved and what reason your employer gave for the decision. Even if you do not have every document, an employment lawyer can help you identify what might be useful and what may be available through the legal process.
How much time do you have to file a discrimination complaint?
Deadlines can be strict in discrimination matters. In Maryland, employment discrimination complaints generally must be filed within 300 days of the alleged discriminatory act. Employment harassment complaints may have a two-year filing period, depending on the facts.
Because these deadlines can affect your ability to move forward, it is wise to seek counsel early. Waiting can make it harder to preserve documents, locate witnesses and respond to the employer’s version of events.
Should you report discrimination to HR before taking legal action?
You do not always need to report discrimination to human resources before speaking with an attorney. However, an internal complaint can create an important record. It can show when you raised the issue, who received the report and how the employer responded.
If you do report the matter, keep your message clear and factual. Identify the conduct, the people involved and why you believe the treatment was connected to race, age, gender, religion, disability, pregnancy or another protected status. Before taking that step, it may be useful to discuss your situation with counsel.
What if you are an independent contractor, freelancer or temp worker?
Your work status can affect your rights. Employment discrimination laws often protect employees, while true independent contractors may not have the same protections. Still, the title given to your role does not always decide the issue. The amount of control the company has over your work may matter.
Temp workers may also have claims, depending on which company controlled the work, who supervised the assignment and who made the discriminatory decision. If you are unsure where you stand, we encourage you to schedule a consultation at our office.
Research note for you: I kept the deadline language cautious because Maryland lists 300 days for employment discrimination complaints and two years for employment harassment complaints, while the EEOC notes that true independent contractors generally are not covered by federal anti-discrimination laws.
Find Out How We Can Help
If you feel you are a victim of racial discrimination or any other form of discrimination, get a skilled lawyer on your side. In Maryland, call us at 301-664-4848 or email us to schedule a consultation at the Law Office of Neil S. Hyman, LLC, in Bethesda.