Discrimination is a common occurrence and many of the people who face discrimination do not file a claim. In this blog, we go over 4 reasons why you should not wait to file a charge of discrimination.
1 There is a Time Limit
There are anti-discrimination laws that help to define what types of actions are discriminatory. There are also different laws that prohibit Retaliation for certain legally protected complaints. These laws also define how much time a person who feels subjected to discrimination or retaliation has to file a legal claim against another person/entity.
For most forms of discrimination, the period to file is 300 days. There are shorter time limits for certain types of retaliation and whistle blower claims ranging from 60 days to 180 days from the date that the retaliatory act occurred. It is best to discuss your potential case with an employment lawyer to fully understand your rights and any time limits that may exist. Filing early helps you keep your case open until you are prepared to move forward.
2 The Time Limit Starts from the Date of the Discrimination
A company that discriminates may try to stall you from filing a legal claim while they “work through” the problem. It is important to understand that the deadline to file your legal claim will not stop because you are trying to resolve your case through other means. The time limit for filing begins as soon as the employer takes an action against you that you believe to be based on discrimination or retaliation.
Those means include:
- Mediation
- Internal company processes
- Through your Union
- Other reasons
File your claim early, and allow the other processes to work or not. Without filing a claim within the designated period, you may lose your opportunity to file a claim. It is for that reason, that some companies may try to stall until your claim expires.
3 One Filing for Discrimination and Different Filing for different Types of Retaliation
For a few reasons, you will need to file a legal claim for discrimination and potentially a separate legal claim for each type of retaliation that you experience. For example, if your employer discriminates against you for your age and your race, you can file one claim for discrimination, listing each type of discrimination, but you may need to file two separate legal claims for each type of retaliation. One retaliation claim might be filed based on whistle blowing activities, and another claim before a different agency if you also believe the employer was retaliating for exercising your rights to file a union grievance. Each type of discrimination will be evaluated separately and sometimes together if one supports the other. There are also different rules and actions that are legally provided based on the types of discrimination or type of retaliation that you experience.
As you discuss your discrimination or retaliation case with an employment lawyer, they will separate the different types of discrimination and explain your rights, time limits, and the types of legal action available to you.
4 Some Forms of Discrimination and Retaliation Have Tricky Laws
An employment lawyer will help you understand the time frame based on your experience. Some types of discrimination and retaliation are tricky, and they may offer you a longer period to file or limit you to just 180 days or less from the date the discrimination or retaliation occurred.
Contact Goldman & Ehrlich For More Information Regarding Your Employee Rights
If you need help with understanding your rights or employment rights due to discrimination, contact Goldman and Ehrlich. We are an employment law firm in Chicago, IL, and provide caring employment-related legal advice, protection, and action to employees who experience discrimination and other labor law violations.