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I Believe my Rights have been Violated in the Workplace - What Can I do About It?

Posted by Kira Fonteneau | Oct 02, 2018 | 0 Comments

Employees who face a difficult work environment are typically under a great deal of stress, and they often have a hard time focusing on their jobs. This could be due to disagreements, disputes, or hostility from a manager, supervisor, co-worker, or multiple parties. Workplace challenges can sometimes be chalked up to personality clashes, differing worldviews, and other common sources of conflict. However, when those disputes arise because of an employee's membership in a protected class like race, sex, pregnancy religion or national origin, employers and co-workers may cross the line into violating the law. No matter where you work or what type of job you do, you are entitled to certain rights in the workplace. For example, your workplace should be free of:

  • Safety Hazards: It is the responsibility of every employer to take reasonable measures to ensure a safe work environment. For example, if you work with dangerous machinery or equipment, you should be wearing the appropriate safety gear. You also have a right to expect a workplace free of toxic substances and other hazards that could make you ill.
  • Discrimination: Your employer is not allowed to discriminate against you on the basis of age, race, gender, religion, disability, national origin, pregnancy, or any other protected class. For example, your employer is not allowed to terminate you, turn you down for a promotion, or deny a pay raise simply because of a protected characteristic.
  • Harassment: You should not have to endure offensive, humiliating, intimidating, or threatening comments or actions because of a protected characteristic. One common example of this is sexual harassment. Whether it is a manager or supervisor harassing an employee, or the employee being harassed by another co-worker, workplace harassment is against the law and should never be tolerated.

What Can I Do If I Believe my Rights have Been Violated in the Workplace? If you feel that one of your protected rights was violated at work and you wish to take action, you have some options available. These include: Informal Negotiations Some employment law violations can be addressed by resolving the issue directly with the employer without the need to take the matter to court. This often involves reporting the concern to the employer and giving them a chance to respond. For example, you may be seeking certain forms of relief; such as being transferred to another department where you won't have to work around the individual who was harassing you or an adjustment to your pay to conform to what the employer is paying your co-workers. Filing a Charge of Discrimination with the EEOC If reporting it internally does not work, you may need to take further legal action. For most types of discrimination violations in Alabama, you must first file a complaint with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit. If you think you need to file a Charge, you should contact a lawyer to help you draft your Charge. The EEOC may investigate your claim, ask you to participate in mediation with your employer, or take other actions. At the end of an investigation, if the EEOC finds conclusively that a violation of law occurred they will make a cause finding and attempt to get the employer to settle with you.  This is rare. Normally, the EEOC simply issues a “right to sue” letter that says it cannot determine that a violation occurred. This does not mean you do not have a case.  It merely gives you the right to file your lawsuit in Court. There are very tight deadlines in which to file an EEOC charge. In Alabama, EEOC Charges must be filed within 180 days from the last act of discrimination or they will be lost forever. Private Litigation Once you receive a “right to sue” letter, you can proceed with litigation against your employer. You have only 90 days from the time you receive the Right to Sue Letter to file your lawsuit. When preparing your lawsuit, you must retain as much documentation as possible to prove that your employer violated the law. This may include company documents and emails, photos, the testimony of witnesses, video recordings, audio recordings, and many other things. You should also work with an experienced attorney who knows how to present the facts and evidence in a way that is likely to persuade the court. Speak to a Skilled Alabama Civil Rights Attorney If you believe your rights have been violated in the workplace, there are some legal avenues available to you. The first step is to contact an experienced civil rights lawyer. Your lawyer can thoroughly assess your case, advise you of your rights, and review your options. Since 2005, attorney Kira Fonteneau has been an aggressive advocate on behalf of working people in Alabama who have experienced workplace discrimination. Kira has an in-depth understanding of the state and federal discrimination laws and a successful track record of pursuing these types of cases in both the state and federal courts. To schedule a consultation with one of our attorneys, contact our office today at (404) 383-5720 or send us a secure and confidential message through our online contact form.

About the Author

Kira Fonteneau

Partner and Managing Attorney of the Alabama Trial Practice Group at Barrett & Farahany Kira Fonteneau is a partner and the managing attorney of the Alabama trial group of Barrett & Farahany. Kira chose to specialize in employment law because she wanted to help employees take back power. ...

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When you reach out to us, you will receive a complimentary consultation with one of our skilled Atlanta employment attorneys. During our initial consultation with you, we can help you to better understand your rights and will work with you to determine what course of action is in your best interest. We take great pride in providing assistance based on years of experience negotiating and litigating employment matters to protect employee interests. If you find yourself in need of dedicated legal representation, we are prepared to advocate on your behalf – our goal is always to protect employee victims of harassment, discrimination, and retaliation.

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