Construction workers play an important role in our society. They construct infrastructure, build and repair homes and businesses, and take care of any issues with the structures that are already in existence.
Men and women both work in the construction industry, and if you are a construction worker who has suffered workplace discrimination, there are laws in place to protect you. There are resources available to help you, and you have federal and state laws on your side.
If you are the victim of workplace discrimination as a construction worker, you should know how to proceed with your claim against your employer. There is a limited time to act in such situations, so you should make sure you file a complaint in a timely manner so you can protect your rights and recover damages.
How a Carpenter May Experience Workplace Discrimination
There are many ways discrimination occurs. Sometimes it is more discreet than others.
As an example, you are a carpenter from Mexico, and you have an accent when you speak. When you are on the job site, your coworkers and managers make fun of how you speak, and they are making negative remarks about Mexico and Hispanic people. This is a form of racial discrimination. They cannot discriminate against you because of your race or ethnicity.
Another example would be if you were the only female construction worker on a job site and your coworkers make references to your gender, touch you inappropriately, and cat call. This is sexual discrimination.
You have the right to do your job peacefully and without distractions and your employer is obligated to providing a safe, productive environment. If harassment takes place and your employer does not address it, they are liable for the damages you suffer because of the situation.
Filing a Discrimination Claim as a Construction Worker
If you are a construction worker who has experienced discrimination, you can pursue a claim against your employer.
Your first step will be to tell whoever is discriminating against you to stop their actions. You will then need to file a complaint with your employer by telling your manager or human resources department. You should provide copies of any evidence. Keep the original evidence and be sure to document how your employer responds to your complaint.
If the matter is not resolved after you file a complaint with your employer, you will want to take the claim to the next level and file a complaint with the EEOC. This will involve them investigating the matter. They will then talk with your employer and try to settle the problem.
If the issue is not resolved after EEOC investigates, they will suggest you file a lawsuit against your employer. That way, you can recover compensation for the damages that you suffered because of your employer’s actions and because of the harassment that you endured as a construction worker.
If you are a member of a construction workers’ union, speak with your representative. The union may be able to help you with your claim, and they will be able to offer guidance. Time is limited for pursuing a claim, so make sure you know your statute of limitations.
Help With Your Discrimination Claim
If you have been the victim of discrimination as a construction worker, you should enlist the help of an employment law attorney who handles workplace discrimination claims in your state. With the help of an attorney, you may be more likely to have a successful claim and recoup compensation for your damages.
When you meet with an attorney, be sure to provide any evidence that you have that will support your claim. Your lawyer will investigate the situation and will gather more evidence and documentation to support your claim.
Some employment law attorneys require a retainer to be paid in advance while others will take the case on a contingency basis, which means that they are not paid until you win your claim. You should discuss the payment options with the attorney when you retain their services.
An attorney is familiar with the applicable state and federal laws, so be sure to discuss your situation in a timely manner. Complete the Free Case Evaluation Form to share the details of your case with a lawyer who handles workplace discrimination claims in your area.
