Kansas City Employment Discrimination Attorneys

Employment Discrimination AttorneysOur law firm works with individuals who are victims of discrimination in the workplace. Our attorneys have a thorough understanding of The Missouri Human
Rights Act, Title VII, the protections available to workers who refuse an employer's request to violate the law or who report their employer's violations of the law, and the protections available to workers who
are retaliated against after seeking workers' compensation benefits. Our firm also handles matters involving the Equal Pay Act, the Americans with Disability Act and the Fair Labor Standards Act and many other laws enacted to protect the rights of workers. We use this knowledge to our clients' advantage.

Our lawyers represent clients in cases where they have been sexually harassed, retaliated against, or where race, color, religion, sex, disability, age, pregnancy, national origin or citizenship status improperly played a role in:

  • Decisions impacting the employee
  • The decision to hire or fire an employee
  • The decision to transfer, promote, layoff or recall an employee
  • The use of company facilities
  • Accessibility to fringe benefits
  • Disciplinary decisions
  • Accessibility to training programs
  • Job advertisement placement
  • Compensation, assignment or classification of employees

An attorney from our firm can also help individuals who have suffered workers' compensation retaliation, wrongful discharge in violation of public policy, or who may have whistleblower claims.

Taking swift action

The window for filing a discrimination complaint is small, and we are prepared to take immediate action as soon as an employee comes to us for legal guidance. Our firm provides assistance with the wording and submission of their complaints to the Equal Employment Opportunity Commission (EEOC), the Missouri Commission on Human Rights and the Kansas Human Rights Commission. We then stay with you until the resolution of your claim.

Exceptional results. Personal service. Good lawyers.

Located close to the Independence Center and the new Independence Event Center, White, Graham, Buckley & Carr, L.L.C. works with clients throughout Eastern Jackson County, the Kansas City Metropolitan Area, Missouri and Kansas. We operate on a contingency fee basis, and can offer evening and weekend hours on an appointment-only basis. Contact our office online to schedule a free initial consultation with a lawyer from our firm. Employment Discrimination Statistics

 

- Employment Discrimination Frequently Asked Questions -

 

 

 

 

What is Employment Discrimination?

Employment discrimination may occur when an employer makes employment decisions including hiring or firing, promotion, disciplinary action, or other decisions that impact employment based upon one of the protected classes, which are: gender, race, color, religion, national origin and age. Duke Research Study On Emplyment Discrimination

 

 

 

I've suffered employment discrimination. What should I do now?

One of the first steps that should be taken is to notify your employer, preferably in writing, of the discriminatory treatment to which you have been subjected. This step is very important because the law requires that your employer investigates any and all claims of discrimination take prompt remedial action in response to the discrimination claim. We can help you determine the appropriate timing and wording of such a complaint. Racial Employment Discrimination Article

 

 

 

What if my employer is retaliating against me?

It is against the law for an employer to retaliate against a victim of employment discrimination. Sadly, employers do at times retaliate against their employees for raising claims of employment discrimination. When an employer engages in retaliatory conduct they violate the law. Employer retaliation can come in any of the following forms or actions: changes in work assignments, duties or responsibilities, disciplinary action, criticism of performance, firing, the denial of promotions, denial of vacation or other employee benefits, denial of pay raises, or many other retaliatory actions in any other aspect of a workers employment. Any form of negative acts used against an employee within a short period of time after a complaint by the employee has been made about employment discrimination may be considered a retaliatory action. A retaliatory action is especially evident when an employee is fired not long after complaining about the employment discrimination. If any negative act by the employer is later found to be in retaliation for the complaint made by the employee , the employer will at this time also be facing a separate liability for the breaking of federal and state employment laws, no matter if the discrimination complaint is in time proven to have actually taken place or not. Any employee facing discrimination has an absolute and complete right to complain to their employer about the discrimination or harassment they are experiencing without any fear of retaliatory action by their employer. Sex based Or Gender Discrimination Article

 

 

 

What if my employment discrimination continues?

An employee must submit a complaint with the appropriate state or federal authority responsible for investigating these types of complaints before a discrimination lawsuit can be filed against the individuals employer. While this complaint process is designed to give an employer enough time to resolve the situation before a lawsuit is brought against them in most discrimination claims, this is just a step that must be taken before the discrimination lawsuit can occur.

In Missouri, it is the Missouri Commission on Human Rights that will receive and investigate claims of discrimination filed in Missouri. The federal agency that is in charge of investigating complaints regarding violations of federal civil rights law (Title VII) in employment is called Equal Employment Opportunity Commission (EEOC). The Department of Fair Employment and Housing (DFEH) is the agency that is in charge of investigating state employment discrimination law violation complaints.

 

 

 

 

 

What are the employment laws that protect me against discrimination in the workplace?

These are some of the most common laws that prohibit employment discrimination and any form of harassment on the basis of race, color, sex, national origin, religion,sexual orientation, age, or handicap:

  • Civil Rights Act of 1964 (Title VII): Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin.
  • Pregnancy Disability Act of 1978 (PDA): The PDA prohibits employment discrimination on the basis of pregnancy, childbirth, or related medical conditions.
  • Age Discrimination in Employment Act of 1967 (ADEA): The ADEA prohibits employment discrimination against persons 40 years of age or older.
  • Americans with Disabilities Act of 1990 (ADA): The ADA prohibits employment discrimination against qualified individuals with disabilities.
  • The Missouri Human Rights Act.
  • The Kansas Act Against Employment Discrimination.

If you have become a victim of employment discrimination or harassment of any kind in the workplace, you could be protected by additional federal and state employment discrimination laws. This is why it is strongly advised to to consult with an experienced employment discrimination attorney that will help you to identify which specific laws apply to your discrimination case.

Contact our experienced employment discrimination attorneys now for a free consultation. White, Graham, Buckley & Carr, L.L.C. | 816-931-9080

 

 

 

How do you go about proving employment discrimination has occurred?

The standard for proving employment discrimination varies between Missouri and Federal Courts. Under Missouri law, an employee must demonstrate that their inclusion in a protected class contributed to the employment actions taken against them. The standard is more burdensome under Federal Law. We can help you examine your potential claims and determine the best course of action for you.

 

 

 

 

Is there a deadline or statute of limitations for filing an employment discrimination lawsuit or complaint?

Under the Missouri Human Rights Act, an employee must file a a formal complaint, called a "charge of discrimination," within 180 days of the discriminatory events about which the employee is complaining.

This charge must be filed, and a notice of right to sue received, before a lawsuit may be filed.

Under Title VII, federal law, a charge must be filed within 300 days.

If you are employed by the federal government or applying for the federal government, your timeline to file a complaint is far shorter. In this case, you have to contact your federal agency's Equal Employment Opportunity (EEO) counselor within 45 days of the discrimination or harassments occurrence.

Employment discrimination claims have very strict deadlines for filing. For this reason you should as soon as possible consult with an experienced employment discrimination attorney immediately after you have experienced employment discrimination or harassment in the place of employment.

Contact our experienced employment discrimination attorneys for a free consultation. White, Graham, Buckley & Carr, L.L.C. | 816-931-9080

 

 

 

After I file a complaint with do I need an attorney?

If your discrimination complaint doesn't produce the desired result or no results at all, you will still be able to seek justice for this abuse in court. The employment discrimination complaint processes within companies (your employer) and within the state and federal agencies that are responsible for investigating these discrimination complaints can sometimes leave the employees feeling dissatisfied or that justice was not served adequately. An employee may request a "Notice of Right to Sue" from the agency investigating the claim. Once Notice of Right to Sue is received then a lawsuit must be filed within 0 days.

 

 

 

What is bullying in the workplace?

Bullying in the workplace is the "continuous" and less than favorable treatment of an individual by another employee or others at your place of employment. This entails any treatment that may be considered an inappropriate or unreasonable workplace practice. This includes any behavior that may offend, intimidate, degrade or humiliate a co-worker. In many instances, bullying is not actionable unless it can be connected to your inclusion in a protected class.

Workplace bullies usually abuse their power due to their position at work or their skill sets in the workplace, and men and women equally can be the subjected to bullying by these perpetrators. Bullying in the workplace can happen between a worker and a manager, between co-workers or between the business owner and any of the employees.

The behavior of workplace bullying has a very wide range, from obvious verbal bullying, to a physical assault or it could be inconspicuous psychological taunting. These bullying behaviors may include:

  • any physical, psychological or verbal abuse
  • psychological harassment verbal or physical
  • any form of intimidation
  • any yelling, screaming or offensive language
  • isolating or excluding certain employees
  • the obvious assigning of meaningless tasks that are unrelated to the job
  • assigning employees impossible tasks, assignments or jobs
  • obviously and deliberately changing work schedules, times or duties to inconvenience specific employees
  • deliberately withholding work related information that is vital for productive and effective work performance that causes the deterioration of a workers performance

 

What kinds of damages am I able to recover in an employment discrimination lawsuit?

In discrimination cases there are a wide range of financial compensation and damage recovery options that are attainable for the victims of employment discrimination or workplace harassment. The damages generally available in discrimination lawsuits include the following:

  • Reinstatement to your position;
  • Lost wages;
  • Damages or compensation for mental distress;
  • Punitive damages;
  • Recovery of attorney's fees.

Contact our experienced employment discrimination attorneys for a free consultation. White, Graham, Buckley & Carr, L.L.C. | 816-931-9080

 

 

White, Graham, Buckley & Carr L.L.C.
- Independence Main Office -
(all postal mail should be mailed to this office)
19049 E Valley View Pkwy
Independence, MO. 64055
TEL: (816) 373-9080
FAX: (816) 373-9319

- Kansas City office -
3145 Broadway
Kansas City, MO  64111
TEL: (816) 931-9080
FAX: (816) 373-9319