Georgia Workplace Discrimination Lawyer

What Is Considered Discrimination in the Workplace?

According to the Equal Employment Opportunity Commission (EEOC), workplace discrimination occurs when someone at a business treats another person differently because of their race, gender, age, sexual orientation, or another factor unrelated to their job performance. Discrimination covers everything from preferential treatment and unequal pay to harassment and retaliation.

There are many examples of workplace discrimination, including:

Age discrimination – Employers sometimes discriminate against older workers because they believe those workers lack the necessary skills to handle a job and cannot learn anything new. Employers might also engage in age discrimination by harassing older workers, underpaying them, denying promotions for older employees, or retaliating against an older worker who asks for reasonable accommodation.

Racial discrimination – Some employers refuse to hire people of certain racial backgrounds, often because they subscribe to racial stereotypes or have regressive beliefs. In other instances, workers are subjected to harassment, retaliation, or other unfair treatment because of their race.

Religious discrimination – Religious discrimination may involve unfair treatment or hiring practices regarding people of certain faiths or an employer who tries to impose their religious beliefs on others.

Gender discrimination – Gender discrimination can happen to anyone, though it is often directed against women and transgender people. Gender discrimination may involve unfair hiring practices, qualified workers being denied promotions, harassment, pay discrepancies, and retaliation.

Discrimination against people of a different sexual orientation – LGBTQ employees frequently experience unfair hiring practices, discriminatory pay discrepancies, harassment, and retaliation at work.

Discrimination against people with disabilities – The Americans With Disabilities Act (ADA) and other anti-discrimination laws clearly state that employers must make reasonable accommodations for workers with disabilities. Sadly, many employers refuse to make these accommodations or will not hire anyone with physical or mental disabilities.

Your Legal Rights If You Have Been a Victim of Employment Discrimination

If an employer discriminates against you in Georgia, you have the right to take legal action against them. There are several laws at both the state and federal levels that protect people against discrimination at work. These federal and Georgia workplace discrimination laws include:

The Civil Rights Act of 1964 – This federal law bars employers from discriminating against anyone based on race, color, religion, sex, gender identity, sexual orientation, pregnancy, national origin, age, disability, or genetic information. However, it only applies to private businesses with 15 or more employees, local and state government agencies with 15 or more workers, and the federal government. If an employer discriminates against you based on these protected characteristics, you can file a complaint with the EEOC.
The Age Discrimination in Employment Act of 1967 – This law protects employees aged 40 and older from discrimination in hiring, firing, promotions, compensation, and terms of employment. The EEOC also enforces the Age Discrimination in Employment Act.
The Americans with Disabilities Act – The ADA prohibits discrimination in employment based on physical or mental disabilities. It also requires employers to make reasonable accommodations for employees with disabilities. It applies to employers with at least 15 employees.
The Georgia Fair Employment Practices Act – This state law fills in some gaps not covered by the Civil Rights Act and other anti-discrimination laws. Like the Civil Rights Act, it prohibits discrimination in employment based on race, color, religion, national origin, sex, disability, or age. The main differences between this law and other anti-discrimination laws are that it applies to smaller businesses and is enforced at the state level. If you experience discrimination at work, you can file a complaint with the Georgia Commission on Equal Opportunity.

If you can prove an employer or someone at your workplace discriminated against you, the potential legal remedies include:

Back pay for your lost earnings due to discrimination
Front pay for your lost future earnings due to discrimination
Compensation for lost benefits, such as health insurance, a pension plan, and stock options
Compensation for any emotional distress you experienced
Punitive damages against your employer
Compensation for your legal fees

How to Prove Employment Discrimination in Georgia

There are three types of evidence you can use in an employment discrimination case:

Direct evidence – Direct evidence includes anything someone says or does that is a clear example of discrimination. Examples of direct evidence include things someone says, anything someone writes in an email, and written company documents. In general, direct evidence is hard to find in employment discrimination cases because employers know the consequences.
Circumstantial evidence – Circumstantial evidence indirectly indicates an employer engaged in discriminatory practices. This type of evidence is the most common in employment discrimination cases. To prove an employer engaged in discrimination using circumstantial evidence, you must show that you are part of a protected class according to anti-discrimination laws, you have the qualifications for the job, you experienced adverse treatment at the job, and the employer replaced you with someone who does not belong to a protected class.
Pattern and practice – When an employer systematically discriminates against a protected class, lawyers call this a pattern and practice of discriminatory conduct. This type of evidence most often comes up in class action lawsuits against employers.

Proving discrimination in the workplace can be difficult on your own, especially if you have to rely primarily on circumstantial evidence. Instead, turn to an employment lawyer who has experience handling these cases and understands how to build a strong case out of the evidence you have.

Should I Hire a Discrimination Lawyer?

If an employer discriminates against you, the best thing you can do to protect your rights is to speak to a Georgia discrimination lawyer. Employment discrimination cases can be tough to win. But a discrimination lawyer can help with your case by:

Identifying the relevant anti-discrimination laws that apply to your case
Helping you find evidence of discrimination
Filing a claim against the employer with the EEOC or another government agency
Assisting with any appeals if the EEOC or another agency rules against you

Contact Our Georgia Workplace Discrimination Attorneys

Everyone deserves equal treatment at work. The experienced employment attorney at Geiger Legal Group, LLC is ready to stand up for that belief. Call us today or visit our contact page for a free consultation with our Georgia workplace discrimination attorneys.