When professionals accept new jobs, they do so with the expectation of competitive wages and career advancement. They do not expect their employers or co-workers to mistreat them.
Unfortunately, workplace harassment and discrimination remain relatively common experiences. Workers may face mistreatment on the basis of a variety of protected characteristics, including their sex, age, race, religion and medical condition. If employers don’t address the issue, then workers may then need to initiate a harassment or discrimination claim, also called a charge.
What does that process typically entail?
Consulting with an attorney
Workers may struggle to recognize the difference between playful work environments and inappropriate conduct. Some professionals jump to the conclusion that they have experienced sexual harassment after a single incident of unwelcome flirting, for example. Employment law attorneys can advise those dealing with unpleasant or uncomfortable work circumstances to help them determine if a violation of their rights occurred and the most effective means of resolving that issue.
Gathering documentation
Any assertion that businesses have violated a worker’s rights requires evidence. Employees may need to dedicate weeks or even months to the gradual collection of sufficient evidence. The nature of the issue that they face determines the most effective way of gathering evidence.
Initiating a charge
Once a worker has evidence of what has happened in their workplace, they can then take appropriate steps to address the matter. Either state or federal laws may protect the worker depending on the circumstances. The worker can file a charge with the Delaware Department of Labor’s Office of Anti-Discrimination (OAD) or possibly with the Equal Employment Opportunity Commission (EEOC).
Responding to resolution requests
Employers may propose mediation, arbitration or other possible options for settling the dispute out of court. Workers may need help evaluating an employer’s proposal for alternate dispute resolution to see if settling might be in their best interests. If so, they likely need help preparing for mediation or other sit-down discussions with their employer and someone to advocate on their behalf during that meeting.
Preparing for trial
Although many employment disputes settle before going to court, sometimes an amicable settlement simply isn’t possible. In such cases, professionals can expect to wait for months, possibly longer than a year, before their attorney can present their case in front of a judge. Thankfully, the downtime between initiating the charge and litigating provides ample opportunity to prepare for court. The solutions available during employment litigation depend on the circumstances. Workers can seek financial relief or even reinstatement to a former position in some cases.
Getting help as early as possible can make it easier for people to navigate complex employment disputes. No one should have to tolerate harassment or discrimination, and the law protects the right of workers to hold employers accountable for mistreating them.