Q: I feel like I'm being discriminated against at my job how would I go about seeing if it is worth hiring a lawyer?
I have requested to either work at home or get a shift a change from my current job due to child care conflict and they claim there is nothing they can do for my shift change but they have done it for other employees.
A: The initial inquiry here is whether you believe you are being discriminated against (that is, being treated differently than others) based on race, color, national origin, religion, sex, sexual orientation, pregnancy, parental status, age, or disability. Is there a difference between you and the comparator employees in the same position and circumstances as you, with there being a clear difference regarding one of the "protected classes" I mentioned above? If not, it is unlikely you have a potential unlawful discrimination claim. There are situations where a supervisor simply doesn't like an employee, for reasons other than the "protected class" categories, or makes arbitrary, unfair decisions for reasons other than those categories, and if that's all that can be established, there is no potential discrimination claim. If you do think you have a potential claim, schedule a consultation with an attorney handling employment law.
Linda Liang agrees with this answer
A: Employment discrimination generally exists where an employer treats an applicant or employee less favorably merely because of a person's race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. You need to know what category your situation fits into. You can hire an attorney any time. But you have to weight your loss against gain.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.