Reverse Discrimination Lawyers
When a member or a group of members are considered different in terms of workplace and company benefits due to skin color, religion, nationality or sex it is a reverse discrimination. This could not be tolerated, if any employee has an issue regarding reverse discrimination, he/she should consult a reverse discrimination lawyer.
Employment discrimination generally
Employment discrimination in an organization can be based on race, sex, color, nationality or religion. It is strictly prohibited in the organization. To stop this various law has been made like title VII act of 1964 & PHRA. If any organization seems to be involved in Employment discrimination that will be sued and have to pay-claim to the employer.
What is “reverse discrimination”?
Reverse discrimination is a claim that happens when a group or individuals from a predominance are oppressed on the premise of an ensured variable, for example, race or sexual orientation. Examples of racial discrimination include a Caucasian person who is victimized for a racial minority, or maybe a man suing because a female was given ideal treatment at work because of her sexual orientation.
Courts have battled with different sorts of reverse discrimination cases. Under Title VII of the Civil Rights Act of 1964, supervisors or employer may not separate in light of race, sex, religion, or national birthplace, regardless of who the victim of discrimination may be. What’s more, under Title VII, boss of an organization may not make policies & conditions that would have a “disparate impact” – or antagonistic impact on individuals from an insured class. To stop this Reverse discrimination the court has made various laws under which an organization or employer can be sued for Reverse discrimination.
Examples of discrimination
Examples of Reverse Discrimination Includes:
- Despite the experience or seniority of Caucasian or majority applicants, making hiring or promoting decisions in favor minority groups.
- Hiring or promoting the female staff over more qualified males.
- If an organization involves in age discrimination, i.e. Refusing to hire a person over 40 years of age.
- Rejecting a minority class applicant for school due to his/her race.
- Pay scale of Female staff is more than compare to male staff.
Proving discrimination – the McDonnell Douglas framework
If any company is discriminating an employee, he/she will try not to leave any footprint of discrimination. For proving the employee has been discriminated, he/she needs to present some evidence which proves the employer guilty. This idea of providing the evidence before suing the employer, the Supreme courts gets from the McDonnell Douglas framework.
He/she was a more deserving candidate than others employees for promotion
- He/she is suitable for the job but still, the employer is trying to hire someone other.
- He/she has a complete qualification which is required for the job.
- He/she was a more deserving candidate than others employees for promotion.
If an employee gets succeeded in proving and submitting all the proves the court will ask the employer for providing the reason for not giving him/her opportunity. If an employer is unable to provide a relevant statement then, he/she will be punished by the court. If the employer gets succeeded, the question will be asked again from the employee, to prove that statement wrong.
Application of McDonnell Douglas to reverse discrimination cases
According to the Pennsylvania Court law, if the employee is able to provide the suitable proves against the employer and justifies that proofs are real then the court will punish the employer. The employer doesn’t require any further justification, just like he/she has done during the McDonnell Douglas Framework. The court will conclude the decision of reverse discrimination under the act title VII.
Proving a reverse discrimination case is hard. It follows a complex process under which all the evidence are provided to claim the reverse discrimination. Various damages that an organization has to bear if the employee proves the reverse discrimination can include:
- The company has to pay the loss of the employee such as lost salary.
- Sue for harassment.
- Claim for attorney fee.
- An employer can be punished by the court.
- An employee can claim for compensation.
Reverse discrimination and affirmative action
Affirmative action refers to admission policies that provide equal access to education for minorities. Affirmative action can be Reverse discrimination. If an Institute doesn’t allow a minority for equal education then that Institute can be sued for Reverse discrimination. For a legal affirmative action plan an organization has to meet the following parameters:
- The facilities provided by the organization should be for limited time period.
- The organization should make a plan in such a way that the other students are not affected by this.
- The Plan should be same for all Minority candidates.
- A particular race can’t be considered while hiring.
What to do if you have been the victim of reverse discrimination
If after filing a complaint against Reverse Discrimination to the Institution management the issue is not resolved the victim should go for another procedure by hiring an attorney. The victim can complain against the organization under the EEOC & PHRC. For Hiring the best lawyer for your case, consult us. We provide best and experienced attorney for these type of cases.
Why hire an attorney?
1) When you have an attorney the employer will consider your case carefully. It is possible that you don’t have a need to take the headache of court visits. It is possible due to an attorney the Employer solves your complaint on his/her behalf.
2) When you have an attorney, and you are not getting the results from your employer, the lawyer could find more evidence against the employer and it makes your case stronger.
3) When you have an attorney you will be aware of all the question and answers of the defense lawyer and you will be able to give right answer without making any mistake, it will increase the probability of winning the case.
4) When you have an attorney he/she will be able to help you regard to getting the proper claim from the employer and deserving salary and unpaid wages.