Employment Discrimination and Sexual Harassment
Federal and state laws prohibit discrimination in the workplace. Decisions to hire, fire, promote, demote or discipline based on gender, race, national origin or age are prohibited by existing laws. Such claims cannot be pursued unless and until complaints have been filed with either the EEOC or the Missouri Commission on Human Rights. There are strict time limits on filing such claims called charges of discrimination. Under the Missouri laws, such charges must be filed within 180 days of the alleged discrimination. Thus, if you feel you have been discriminated against because of your gender, race, national origin, or age, you should contact an attorney as soon as possible after the discrimination occurs and before filing any charge or complaint with either the EEOC or the Missouri Commission on Human Rights. The wording in the charge of discrimination is critical and makes a difference in whether you will be successful in proving your case in court.
In certain other cases, if an employee is retaliated against for being a "whistle blower," or for filing a workers compensation claim, the employee may have a basis for pursuing a claim against the employer.
If you have been the victim of discrimination or sexual harassment and wish to obtain information, please contact one of our attorneys by clicking here or calling us at (816) 373-9080.
Frequently Asked Questions
Q: How do I know if I have been discriminated against by my employer?
A: This is not always easy to prove. Your employer has the right to make employment decisions for valid business reasons. If the decision is based on your gender, your race, your age or your national origin, then it may be unlawful.
Q: If my boss or a co-worker is making sexually suggestive comments to me, what should I do?
A: Your employer should have a process in place and should have a person designated to receive such complaints. It is very important to follow the procedures that are established by your employer. The procedures may be posted some place in your employer's business such as a break room, or they may be written in an employee handbook you have been provided. It is very important that you carefully follow those procedures. You should also contact an attorney to determine what additional steps, if any, you should take.
Q: Should I consult with an attorney before I file any complaint or charge of discrimination with the EEOC or the Missouri Commission on Human Rights?
A: Yes and remember that there are strict time limits on filing such charges. It is 180 days from the date of discrimination or harassment under Missouri law.
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