Best Employment Lawyers in Birmingham, AL

Most discrimination claims begin with the filing of a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that investigates job discrimination, and for many types of discrimination claims a person MUST file a charge of discrimination with the EEOC and go through its process before filing a lawsuit under discrimination laws in court. Most lawyers will draft EEOC charges for their clients and file them, so finding a lawyer is the best first step. However, you do not have to have a lawyer to file a charge with the EEOC, or even to file a lawsuit. The EEOC will investigate the charge and issue a determination as to whether there is cause to believe that a violation of the law has occurred. The EEOC may rule that it does not find such cause, but this has no effect on your right to file a lawsuit. The EEOC may also offer to mediate the charge. Mediation is a voluntary settlement process where an EEOC mediator brings you and the employer together to try to work out a mutually agreeable resolution. If the charge is not resolved, the EEOC will issue a right to sue letter when it concludes its investigation. You then have the right to file a lawsuit in court.

That depends on the law that applies. In cases under the age discrimination laws, the monetary relief is tied to lost wages. If it is proven that the employer was aware of the illegality of age discrimination, lost back wages can be doubled. The same is true for the Family and Medical Leave Act (FMLA). For other types of discrimination, you can recover compensatory damages for emotional, psychological, and physical injuries. You may also be able to recover punitive damages, but these are more difficult to recover and are not generally available against governmental employers. The amount of available compensatory and punitive damages depends on the size of the employer in cases other than race discrimination and range from $50,000 to $300,000. These amounts do not include lost back wages, which are also recoverable.

The federal employment discrimination laws cover only harassment that is related to those classes protected by the laws: gender, race, ethnicity, etc. So, general harassment that is not based on one of these protected classes is not covered by the employment discrimination laws. The most common form of harassment that is covered by discrimination laws is sexual harassment, but the following applies to harassment based on the other protected classes. In order for harassment to fall under the federal law, it must be sufficiently severe or pervasive. This means that there must be at least a few fairly severe incidents or numerous incidents that, by themselves, are not severe. For example, a few instances of physical groping would probably suffice on the one hand, and sexual remarks made on a regular basis for weeks or more should suffice.

It certainly can. If you claim to the Social Security Administration that you are completely disabled and cannot work in any job, even with an accommodation, then you may lose your right to pursue a disability discrimination claim. The Americans with Disabilities Act only protects disabled persons who are otherwise qualified for their jobs.