Discrimination Claims

You Have a Right to a Workplace Free of Discrimination

State and federal employment laws prohibit discrimination in the workplace. Whether instituted by co-workers or supervisors and whether in the form of job demotions and terminations or continuous harassment that creates a hostile work environment, discrimination wreaks havoc in your life and on your ability to participate in and enjoy your workplace. Swartz Law works to ensure that employees who are victims of discrimination in the Overland Park metropolitan area and throughout Kansas are returned to a positive work environment and/or vindicated for the treatment you endured so that you can move forward with your life.

What is Discrimination?

Unlawful discrimination occurs when a person is harassed or treated differently because of his or her membership in a legally protected group, class, or category to which that person belongs rather on individual merit. These groups, classes, or categories are referred to under the law as ‘protected classes.’ In the employment context it is unlawful to discriminate against persons based on the following protected classes:

• Gender
• Pregnancy
• Race or ethnicity
• Age
• National origin
• Religion
• Sexual orientation
• Disability

It is important to understand that not all unfair or differing treatment constitutes unlawful discrimination. The reason why you are treated differently or harassed is crucial in determining whether you have a legal claim of discrimination. If the reason is, for example, your race or gender or because you have a disability and asked for assistance then you may have a claim of discrimination. However, if you are treated differently because of, for example, a personality conflict having nothing to do with your protected class, no matter how unfair or disrespectful the treatment is, it is unlikely that you have a claim.

Attorney Tara Swartz understands the sensitive and emotional nature of handling discrimination claims. She ensures strict confidentiality and will work collaboratively with you to achieve the best results possible.

What Actions or Conduct Constitute Discrimination in the Workplace?

Your employer is prohibited from taking an ‘adverse job action’ against you because of your membership in a protected class that affects the ‘terms, conditions or privileges’ of your employment. Common adverse job actions include reduction in wages or hours, unequal compensation, bias in hiring, denial of a promotion, demotion, job reassignment, and termination.

Harassment can rise to the level of an adverse job action if it is sufficiently severe and pervasive such that the law recognizes it to create a hostile work environment. One incident of harassment is not likely to rise to the level that the law requires. How many incidents you must endure, for how long and how drastic of an effect those incidents must have on your work environment is case-specific and requires evaluation by an expert.

Determining the reasons for the differing treatment you are experiencing and whether it constitutes unlawful discrimination requires extensive knowledge of the laws and a detailed analysis of your particular situation. As a result, if you have questions about your work environment and how you are being treated you should contact an experienced Overland Park and Kansas discrimination attorney. Contact Swartz Law online or by calling (816) 444-8900.

Helping You Navigate the Legal Process  (THIS SECTION MIGHT NEED TO BE RE-ADJUSTED TO FIT KANSAS CITY REQUIREMENTS)

If you have been the victim of discrimination, be advised that your right to file a claim is subject to a statute of limitations. This means you only have a certain period of time to file your claim. In Kansas, employment discrimination claims must be filed with the Kansas Commissions Against Discrimination (MCAD) and/or the federal Equal Employment Opportunity Commission (EEOC) before you can file a complaint in a court of law. You must file your claim of discrimination with the MCAD within 300 days of the discriminatory practice you are complaining about. There is a 180-day period to file claims with the EEOC, although claims filed within the 300 days at the MCAD that are ‘dually filed’ with the EEOC are considered timely in Kansas. Also, you must file your claim in a court of law within three years of the discriminatory practice you are complaining about. If you do not file within the required time frames, you lose your right to file a claim at all.

If you need to determine what time periods apply to your claim, when the applicable time periods start ‘ticking,’ and where you must file a complaint, you should contact an experienced employment lawyer immediately.

Contact a Overland Park and Kansas Discrimination Lawyer

If you believe that you have been the victim of discrimination in hiring, promotion, pay, or termination, or if you are enduring a hostile work environment, you should contact a top rated, experienced employment lawyer. With over a decade of experience handling employment law matters in Overland Park and throughout Kansas, Attorney Tara Swartz can help you protect your job and enforce your right to a workplace free of discrimination and harassment. Contact her law firm of Swartz Law online or by calling (816) 444-8900 to receive an evaluation of whether you have a claim, to discuss your options, and for assistance in navigating the complex legal process.