Workers should know that discrimination in the workplace is wrong and unlawful. Employees have rights that protect them from such misconduct, and this includes the right to take legal action against a company or supervisor that discriminated against them.
However, the legal process of pursuing a discrimination claim is more complicated than it may seem. For instance, depending on various details of a situation, parties may either file a Section 1981 lawsuit or a Title VII claim.
Both Section 1981 and Title VII protect employees against discrimination at work. However, there are several differences between the laws that affect which type of a case a person pursues. To determine which may best suit your situation, consider the following questions:
These are just some of the differences between two laws that, on the surface, seem very similar.
There is no room for discrimination in the workplace. However, pursuing a discrimination claim in court or with an administrative agency like the EEOC is typically not as straightforward as proving that the misconduct occurred. There are several requirements necessary to prevail on a claim of discrimination, and whether a case is successful will depend on establishing these components.
Thankfully, individuals are not responsible for knowing these legal intricacies; victims of discrimination can work with an experienced attorney to build and pursue a case to recover the damages they deserve.