Welders play important roles in construction projects, automotive manufacturing, and for making for various machinery and equipment.
Welders must undergo extensive training and understand the process in detail and be familiar with the safety standards. If you are a welder who has suffered workplace discrimination, you do have rights and there are resources available to help you.
You may be able to pursue a claim against your employer to recover damages with the help of an employment law attorney.
How A Welder Can Experience Workplace Discrimination
There are many ways that workplace discrimination can take place. Workplace discrimination could be because of color, race, religion, sex, sexual orientation, gender identity, age (if older than 40), disability, or pregnancy.
Federal laws prohibit many kinds of discrimination, but often, states have enacted additional laws. While some discrimination is obvious, others may be more discreet and difficult to prove.
You should always document everything and maintain evidence should the need to file a claim ever arise.
A 55-year-old welder has a proven track record and consistently positive work evaluations. There is a new project coming up, and he applies for the role of job site supervisor. He is told that he is not suited for the role because all the other welders are much younger, and they would not be able to relate to him and his “old man” behavior.
This is age discrimination. A woman, who is the only female welder for a construction company, learns she is being paid less than her male counterparts who are just being hired in.
She is told it is because a man needs to earn more to take care of his family. This is also workplace discrimination.
Filing A Discrimination Claim As A Welder
If you are a welder who has been subjected to workplace discrimination, you will need to gather supporting evidence and documentation. There is a statute of limitations for pursuing a claim, so you should make sure that you file your claim before time runs out and then you cannot recover your damages.
Evidence such as the employee handbook, employment contract, timecards, paystubs, memos, emails, text messages, photos, videos, recordings, and witness statements can all be very helpful in your claim.
Your first step in the claims process is to notify your employer. You should meet with your employer’s human resources (HR) department or with a supervisor to explain the situation.
Let them know you were discriminated against, what transpired, and that you would like to have the matter remedied. Be sure to document the response of your employer and you should keep any correspondence you receive as they investigate the matter and work to resolve the issue.
If they do not come up with a satisfactory solution, or if the matter is not given proper attention, you should take the next step and file a complaint with the Equal Employment Opportunity Commission (EEOC).
You can file a complaint with the EEOC either online or schedule an appointment at the nearest office. Be sure to provide copies of all evidence and documentation. They will discuss the matter with you and review the evidence.
They will then speak with your employer and conduct interviews. They will work to resolve the issue. If they determine that they cannot get an amicable resolution, or if they determine the employer intentionally broke the law, they will then recommend you file a workplace discrimination lawsuit against your employer.
This lawsuit can help you recover compensation for your damages, including lost wages, lost benefits, and mental anguish or emotional distress. An employment law attorney can help you maneuver the process.
Help With Your Discrimination Claim As A Welder
If you have suffered workplace discrimination as a welder, you will want to enlist the help of an experienced employment law attorney.
A lawyer will be able to review the details of your claim and determine which state and federal laws have been violated. An attorney can also determine your damages and work to get a fair settlement.
When you talk with an employment law attorney, discuss their payment plans. Some lawyers will take cases on a contingency basis while others require a retainer to be paid in advance.
With an attorney representing you, you are more likely to succeed with your claim. After all, your employer will have legal representation. Ask for your free case evaluation today, so you can make sure your claim gets on track in a timely manner.
