Employment Discrimination Cases in Johnson County
Johnson County 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 employers.
If you need help understanding complicated employment laws and how they pertain to your case, contact an Johnson County 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 Johnson County 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 initial consultation today.
Read What Our Former Clients Have Said
"Professional, informative, and vital in working with the prosecutor to secure the most favorable outcome possible".Barb
"Jerry kept in constant contact with us and our son during the case and went the extra mile to plea before the judge outside and inside the courtroom".Joanne from Nebraska