One of the most unfair circumstances to deal with is discrimination at the workplace. There are legal remedies to deal with noncompliant employers that work to indemnify the employee’s situation. However, there are certain legal procedures that must be followed in order to gain a favorable verdict in court.
Many who have been the victims of discrimination in the workplace have attempted to handle their case and have been unsuccessful simply because they overlooked a small detail in the processing of their case. Alternatively, they did not know how to prove adequately to the court they had a warranted case that should be heard.
Cases of discrimination are processed through the Equal Employment Opportunity Commission. They have an established set of guidelines and protocols that must be followed in order to process a claim against an employer. The first thing the EEOC will require of a claimant is to offer proof that they have a valid claim. They will require evidence that can be substantiated in some way. In cases where it is the employee’s word against the employer’s, the employee will face an uphill battle to prove their case.
Once the claimant successfully in establishes a basis for a claim with the EEOC, the real work begins. Both the candidate and the employer will be asked to offer statements regarding the case and provide any written documentation requested in a timely manner. The employer could demand that the parties participate in a mediation session to try and come to an agreement or settlement in the case.
If mediation is chosen, the parties meet with their legal representation to attempt to reach a monetary agreement. Negotiations could also include responsibilities for the employer to increase discrimination awareness classes for employees to prevent future cases of discrimination. Attending mediation without legal representation could be quite intimidating for the claimant. More than likely, the employer will have legal representation, and a skilled San Diego discrimination attorney can make an unrepresented claimant feel insecure and anxious.
If no agreement can be reached in mediation, the parties will have to go to court. EEOC court has its set of rules, and it is crucial to have a great understanding of those rules and procedures to be successful.
While some may think there are benefits to handling a discrimination case on their own, the potential risks can be severe. Our attorneys at Gehres Law Group in San Diego could be a great asset to help get the restitution that is deserved and just.