Discrimination - Smith Trial Group

Types of Discrimination Claims

How Much Can you Sue for Discrimination?

Other Types of Discrimination

Discrimination is the unfair treatment of different categories of people or things, especially when it comes to race, age, or sex.

The Equal Employment Opportunity Commission (EEOC) protects certain classes of people from employment discrimination which may include sexual harassment, unfair treatment, not willingly accommodating changes due to morals or religious beliefs; release of private medical information, and retaliation for filing a complaint.

The federal law prohibits employment discrimination based on skin color, race, gender, national origin, disability, age, pregnancy, medical background, religion, or even genetic information.

Some states prohibit discrimination when it comes to weight, sexual orientation, and other characteristics.

Types of Discrimination Claims

Discriminatory Intent/Treatment:

This is when an employee is treated differently because of his or her protected characteristics.

Disparate Impact:

When a rule or requirement from an organization is discriminating against a group of people even if it is not intended to be. It is illegal for a rule or requirement to exclude or be more harmful to another group of a protected class.

Retaliation:

When an employee who has filed a discrimination claim is now treated unfairly because of the complaint.

How Much Can you Sue for Discrimination?

The EEOC data shows that the average settlement in a discrimination case is approximately $40,000. Discrimination/wrongful termination cases can result in verdicts of $1 million or more. It will vary depending on your situation and the evidence that is available to prove discrimination. Seek advice from an experienced attorney before you even file a complaint about discrimination.

How to Prove Discrimination?

Direct evidence is the strongest evidence against discrimination. Examples of this are direct emails showing the discrimination, videos, or direct statements by managers or supervisors.