The Education Management Corporation (EDMC) has recently motioned the court to dismiss a suit against the Art Institute of Pittsburgh, which it manages. According to a report by one news source, the Art Institute of Pittsburgh was sued by two former employees who alleged that they were being discriminated against because of their race and age. Background
In April of 2014, two former admissions office employees sued EDMC, making allegations that the Institute engaged in a series of illegal employment practices. The two individuals claimed that the Institute terminated individuals and refused to promote others because of their race and age. Furthermore, they alleged that the Institute participated in retaliation in regards to a dispute-resolution policy.
The attorney for the Institute attempted to dismiss the suit by arguing that its dispute-resolution policy is the only way to resolve any workplace issues. However, the attorney for the plaintiffs, in this case, countered by explaining that, although the company has a dispute-resolution policy, that policy does not trump the Supreme Court, nor does it trump statutory law, nor is it appropriate public policy.
What are Forms of Employment Discrimination?
Under the Equal Employment Opportunity Commission guidelines, there are several reasons why an individual or group of individuals may bring a discrimination suit against an employer. These include:
- Equal Pay
- National Origin
- Sexual Harassment
While being discriminated against because of one of these characteristics seems straightforward, it actually entails a lot of proof and preparation before one can bring a claim of this nature. It is important to seek the assistance of an attorney trained in employment discrimination claims.
How an Attorney Can Assist You in Bringing a Claim
– Who to File With?
An attorney can determine which agency is better to hear your claim, either the Kentucky Commission on Human Rights (KHCR) or the Equal Employment Opportunity Commission (EEOC). Determining which agency to file with also is contingent upon how many employees your organization has.
– When to File?
As with most court filings, there are strict timelines that must be followed in order to bring your claim in a timely manner. It is crucial to seek a trained attorney who is experienced in following the proper deadlines. Generally, an individual must file with the KHCR within 180 days or with the EEOC within 300 days from the date the individual believes he or she was discriminated against.
There is a significant amount of preparation that goes into bringing an employment discrimination claim, and it is important that every deadline is followed because there are also strict statutory limitations on bringing claims. It is crucial to seek an attorney to assist you with these claims to ensure success.
Have You Been a Victim of Employment Discrimination?
If you have been terminated, failed to be promoted when you were deserving, or have otherwise been treated unfairly by your employer, please consider seeking the assistance of one of our trained attorneys as soon as possible. To learn more about our firm and what we can do for you, please contact us at 502-583-2000 to schedule a free initial consultation.
Seventh Circuit Overturns Lower Court Ruling on Indiana Title VII Prison Case, Kentucky Employment Lawyer Blog, August 8, 2014.
NLRB Finds That McDonalds Is a Joint Employer and Can Be Named in Worker Complaints, Kentucky Employment Lawyer Blog, August 1, 2014.