Employment Discrimination

July 3, 2019

Unfortunately, we still live in a world where workplace discrimination exists. If an employee believes he or she has been discriminated against because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), or disability, the employee or their attorney can file a Charge of Employment Discrimination (“Charge”) with the Equal Employment Opportunity Commission (EEOC). However, there are crucial deadlines that an employee must meet for filing a Charge of Employment Discrimination.

A Charge is the first step in bringing a claim of discrimination against an employer and usually must be done prior to filing a lawsuit. Generally, an employee must file a Charge within 180 calendar days from the day the discrimination took place, but may be extended to 300 calendar days depending on state or local agency enforcement practices.  However, if an employee is discriminated against due to their age, the time to file a Charge is extended to 300 days if a state law exists that prohibits age discrimination and a state agency enforces that law. Holidays and weeks are always included in the time calculation, although if the deadline falls on a weekend or holiday, the employee will have until the next business days to file a Charge.

Regardless of your situation, if you believe you have been discriminated against by your employer, seek legal advice or contact the Equal Employment Opportunity Commission as soon as possible.  See us at Kliem & Balusek, Attorneys at Law to discuss your questions or concerns.  We can help you understand your rights and the process for a discrimination claim.