Employment Discrimination Cases in Johnson County
Olathe Employment Law Attorney with a History of Success
Most people know that it is illegal to discriminate against employees due
to legally protected characteristics, but not many people know the specific
list. In Kansas, it is illegal to discriminate against anyone based on their:
- Skin color
- National origin
However, each of these characteristics is the subject of specific legal
criteria describing what constitutes discriminatory practices, what employment
practices are acceptable, what must be proven to sustain a claim against
an employer, and what defenses an employer may raise against a claim.
In addition, each statute has different criteria for applicability to
If you need help understsanding complicated employment laws and how they
pertain to your case,
contact an Olathe civil litigation attorney from Martin & Wallentine, LLC today.
Federal and State Laws Dealing with Employment Discrimination
Employment laws exist at both the federal and state levels, and even though
these overlapping laws are similar, they are not the same. Whether you
are an employer faced with defending a discrimination claim by an employee,
or an employee who has suffered discrimination in the workplace, you need
a competent legal assessment of the claim from the beginning.
Discrimination claims in Kansas start at the state level with a filing
by the employee with the Kansas Human Rights Commission (KHRC). Usually a filing with the Equal Employment Opportunity Commission (EEOC) will also need to be done. The KHRC will investigate the claim first,
and the parties will be given the opportunity for non-binding mediation
to resolve the claim.
What to Do as an Employer Defending a Claim
If you are an employer defending a claim, you should involve an attorney
as early as you can. You need to understand exactly what you have been
accused of and what law governs it, both with respect to your status as
an employer and the claim itself. Filing the right response at this point
is important to protect your position and to settle the claim as quickly
and as favorably as possible.
When an employee files a discrimination claim against you, you will be
notified by the KHRC of the complaint and given two weeks to respond to
the allegations. Identifying the applicable law, the given elements of
a claim, and the appropriate defenses are all necessary to prepare an
effective response to the allegations. Our attorneys can draft a response
that explains your actions and the legitimate business decisions behind
them. If you have the opportunity to resolve the claim by mediation, we
can help you reach the best possible outcome.
What to Do as an Employee Facing Discrimination
If you are an employee who has been discriminated against, you should
contact our Olathe employment law attorneys as early in the process as possible. Businesses and large corporations
may have already pre-prepared defenses to shut you down, and it could
be difficult to collect the evidence you need if you do it alone. When
we help you with your case, we can:
- Draft your initial claim/complaint
- Gather relevant evidence
- Identify violated rights
- Determine fair compensation for your troubles
- Act as mediation for an out-of-court resolution
If your case is not resolved at the administrative level, you will be given
a letter of notice of right to sue, which permits you to file a suit in
Federal District Court. You may get this letter even if the KHRC and the
EEOC do not believe you have a strong enough claim to prevail. An experienced
Johnson County attorney can help you decide if going to court is a reasonable
option, and represent your interests, no matter what course of action
you decide to take.
Find justice wherever it is needed! Schedule your own
free initial consultation today.