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3 Requirements For Federal Employment Discrimination Cases

August 23, 2022

If you believe you have been discriminated against at work, you must understand the legal framework for advancing your case.  Federal law and case law puts the burden of proof on the employee for proving unlawful discrimination, and federal employment cases are driven by (1) Pre-litigation EEOC administrative filings (2) Strict Deadlines and (3) Evidence.

The key law in federal employment discrimination cases is the Civil Rights Act of 1964 also known as “Title VII”.

Title VII prohibits an employer from ‘discriminat[ing] against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.’ 42 U.S.C. § 2000e-2(a)(1).  Title VII also prohibits employers from discriminating against an employee ‘because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing.’ 42 U.S.C. § 2000e-3(a).

Section 2000e-2 states that:

It shall be an unlawful employment practice for an employer –

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

If you would like to hire an employment attorney to help you navigate your federal employment discrimination case, Pietrucha Law Firm, LLC offers legal representation to both employees and corporationsSchedule an initial telephone consultation with our team today.

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