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If you were discriminated against at work, you might be wondering what to do next. Filing a lawsuit is a big decision, and it's important to weigh your options carefully. Our Louisville employment team explains workplace discrimination in Kentucky, your rights as an employee, and the do's and don'ts of filing a discrimination case.
What is Considered Discrimination in Kentucky?
The Kentucky Civil Rights Act prohibits employers from discriminating against individuals on the following basis:
- Race
- Religion
- National origin
- Sex
- Age (40 and above)
- Disability
To prove discrimination in the workplace, you need to show that you were treated differently than other employees who are not in a protected category. For example, suppose you are a woman who was passed over for a promotion. In that case, you may be able to prove discrimination if your male colleague with similar qualifications was promoted instead. It is recommended to consult with an employment lawyer to discuss your specific situation.
What to Do After Workplace Discrimination
If you believe that you are the victim of workplace discrimination, there are a few steps you should take:
- First, document everything. Write down dates, times, and specific instances of discriminatory behavior. If possible, collect emails or other written evidence to support your claim.
- Second, file a complaint with your company's human resources department. Be sure to keep copies of any correspondence with HR.
- Third, consult with an experienced employment lawyer. This type of attorney will be a valuable asset as you pursue your case by helping you understand your legal rights and options.
The Don'ts of a Discrimination Case in Kentucky
There are a few actions you should avoid if you believe you have been a victim of workplace discrimination.
#1 - Do not quit your job unless you have another job lined up. It may be more difficult to prove that you were discriminated against if you voluntarily left your position.
#2- Do not wait too long to file a claim. The statute of limitations for filing discrimination claims in Kentucky is 300 days from the date of the alleged discriminatory act. If you wait too long to file, your claim may be barred.
#3- Do not try to go at it alone. Discrimination cases can be complex and challenging, so it's crucial to have an experienced lawyer on your side. An employment lawyer will assist you in navigating the legal process and protect your rights.
Filing a Discrimination Lawsuit in Kentucky
If you decide to file a lawsuit, it is vital to act quickly. When filing a discrimination lawsuit in Kentucky, you must prove that the discrimination was intentional and resulted in damages. Examples of workplace discrimination damages include:
- Lost wages
- Loss of benefits
- Emotional distress
- Medical bills
If you have been the victim of workplace discrimination, you may be entitled to compensatory damages. Compensatory damages are designed to reimburse a victim for their losses. In some cases, punitive damages may also be available. Punitive damages punish the employer and deter future discriminatory behavior.
Charles W. Miller & Associates is Here for You
Discrimination cases require careful consideration and strategic planning. If you have been the If you think you have been the victim of workplace discrimination, the attorneys at Charles W. Miller & Associates can help. We have a wealth of experience handling discrimination cases in Kentucky, and we will fight to get you the justice you deserve.
Contact us today to schedule a consultation.