Employment Discrimination Lawyer in Newport News & Hampton, VA

Serving Clients in Virginia Beach, Hampton Roads, Washington D.C. & Throughout the U.S.

As a country, we’ve made tremendous strides in reducing the prevalence of racial and sexual discrimination in our society. We’re now at a point where it’s unacceptable, both legally and socially, to openly state a bias in employment against someone based on their race or gender.

However, that doesn’t mean employment discrimination is a thing of the past. It still exists- it’s just more subtle than it was. Job seekers still suffer discrimination, as do employees trying to get through a day of work.

Our employment lawyer stands ready to help if you’ve suffered discrimination in either hiring or workplace responsibilities. Such discrimination is unacceptable, and we believe in fighting for victims.

If you need an experienced employment discrimination lawyer in Virginia, please contact Mr. Shoemaker today at 757.223.4580. Our firm is located in Virginia, but we welcome employment law cases from across the country.

What Is Employment Discrimination?

When considering legal action and trying to choose the right employment discrimination lawyer, you should look for an attorney with ample experience. Mr. Shoemaker has been handling tricky, complicated employment discrimination cases for more than 20 years. He knows how to effectively represent his clients against large, wealthy companies.

Examples of Employment Discrimination

1. Race: Federal and state laws in both Virginia and Washington, D.C., prohibit discrimination based on race. This includes all aspects of employment, from hiring to termination and everything in between.
2. Gender: Protections against gender discrimination are enforced at both the federal and state levels. This includes discrimination based on gender identity and expression, ensuring all individuals, regardless of their gender identity, are treated fairly in the workplace.
3. Sexual Orientation: While federal law provides broad protections against discrimination based on sexual orientation, Virginia’s state law explicitly protects public sector employees, with several municipalities extending these protections to all workers. Washington, D.C. also provides comprehensive protections for individuals regardless of sexual orientation.
4. Pregnancy: Both Virginia and Washington, D.C. have laws that protect against discrimination on the basis of pregnancy. These laws require employers to provide reasonable accommodations for pregnant employees and prohibit discrimination in hiring, promotions, and more.
5. Disability: Under the Americans with Disabilities Act (ADA), and similar state laws in Virginia and Washington, D.C., employers are required to provide reasonable accommodations to employees with disabilities and to ensure they are not discriminated against in any aspect of employment.
6. Age: Protections for workers over the age of 40 are provided under the Age Discrimination in Employment Act (ADEA). Both Virginia and Washington, D.C. adhere to these federal guidelines, prohibiting age discrimination in all employment practices.
7. Family or Medical Leave Time: Employees in Virginia and Washington, D.C. are protected under the Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons without fear of discrimination or retaliation.

It is important to note that the specific applicability of these laws can vary depending on the size of the employer, the nature of your employment, and other factors. For example, while Virginia offers protections primarily to public sector employees for some characteristics, several municipalities have ordinances that extend similar protections to private sector employees. The laws across the country can vary significantly, so understanding the local and federal statutes that apply to your situation is crucial.

What Should You Do If You Are a Victim of Employment Discrimination?

1. Document Everything: Keep detailed records of all incidents of discrimination, including dates, times, places, and the names of individuals involved, as well as any witnesses. Save copies of any related emails, messages, notes, or other correspondence.
2. Report the Discrimination: Follow your employer’s procedures for reporting discrimination. This is typically done through your human resources department. Make sure to keep a record of your report and any responses you receive.
3. Seek Legal Advice: Consult with an experienced employment discrimination lawyer like Mr. Shoemaker who can provide you with guidance on how to proceed. Our team can provide advice on filing a complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) in the United States.
4. File a Formal Complaint: If internal reports do not resolve the issue, you may need to file a formal complaint with a government agency or court. Our legal team can assist you in preparing and filing this complaint.
5. Protect Your Rights: Be aware of the timelines for filing complaints. Discrimination claims often need to be filed within a specific time frame after the discriminatory act occurs.

What Our Attorney Can Do For You

Our experienced employment discrimination attorney understands the profound impact that discrimination can have on your career, self-esteem, and overall quality of life. Here’s how he and our entire team can help:

1. Case Evaluation: We begin by thoroughly assessing the details of your case to determine the validity of your discrimination claims and strategize the most effective way to pursue justice.
2. Government Complaints: We can guide you through the process of filing a complaint with government agencies like the EEOC or corresponding state or local agencies. Our team will prepare all necessary documentation, represent you during mediation or hearings, and ensure that your claim is presented effectively.
3. Litigation: If a satisfactory settlement cannot be achieved through agency processes, we are prepared to take your case to court. Our attorneys have extensive experience litigating employment discrimination cases and will work tirelessly to achieve the best possible outcome in a trial.
4. Negotiations and Settlements: Throughout the process, we will negotiate vigorously on your behalf to reach a settlement that compensates for the injustices you have endured. If a settlement is in your best interest, we will work to obtain the most favorable terms.
5. Ongoing Support and Advice: We understand that the legal process can be daunting. Our team provides continuous support and advice, keeping you informed and empowered throughout the duration of your case.

By choosing our law firm, you ensure that dedicated professionals are advocating for your rights, striving to hold discriminatory practices accountable, and working towards a workplace environment free from bias and injustice.

How Retaliation Can Become a Separate Employment Claim

Reporting workplace discrimination should not result in punishment from your employer. Federal employment laws prohibit retaliation against employees and applicants for engaging in certain protected activities. These can include filing or participating in a discrimination complaint, communicating with management about suspected discrimination, serving as a witness in an investigation, or reasonably opposing conduct believed to be discriminatory.

Retaliation is not limited to being fired. Depending on the circumstances, it may involve a demotion, an unfavorable transfer, reduced responsibilities, increased scrutiny, a negative performance review, schedule changes, or other materially adverse treatment.

A retaliation claim can also be legally distinct from the original discrimination allegation. This means the circumstances surrounding what happened after you raised concerns may need to be evaluated separately. Keeping records of changes in your treatment, responsibilities, evaluations, and communications can help establish a timeline.

Federal and Virginia Employment Discrimination Protections

Employees in Virginia may have protections under both federal and state law. Federal statutes prohibit various forms of discrimination, including discrimination based on race, color, religion, sex, national origin, age, and disability, although the particular law and requirements depend on the circumstances.

Virginia also provides protections through the Virginia Human Rights Act. The Act prohibits employment discrimination based on race, color, religion, national origin, sex, pregnancy and related conditions, age, marital status, sexual orientation, gender identity, disability, and military status, among other specified protections.

Which laws apply to your case can depend on factors such as the type of discrimination alleged, the size and nature of the employer, and where the employment occurred. Different laws can also involve different procedures and potential remedies. An employment discrimination attorney can determine which state and federal protections may apply rather than assuming every workplace discrimination claim follows the same legal path.

What Compensation May Be Available in an Employment Discrimination Case?

The remedies available in an employment discrimination case depend on the law involved, the employer, the discriminatory action, and the losses you experienced. One goal of employment discrimination law is to place an employee as close as possible to the position they would have occupied if the discrimination had not occurred.

Depending on the circumstances, potential remedies may include:

• Back pay and lost employment benefits
• Reinstatement or placement in a position or promotion
• Front pay when appropriate
• Compensation for qualifying emotional or other non-economic harm
• Compensatory or punitive damages when permitted by the applicable law
• Attorney’s fees and certain litigation costs

Some damages are subject to statutory restrictions or caps, and not every form of compensation is available in every case. Evaluating the financial and professional consequences of discrimination is therefore an important part of determining a claim’s potential value.

Can Employment Discrimination Cases Be Resolved Without a Trial?

Filing an employment discrimination claim does not necessarily mean your case will go to trial. Depending on the circumstances, disputes may be resolved through negotiation, mediation, settlement, or other processes before a trial becomes necessary.

For example, the Equal Employment Opportunity Commission operates a voluntary, confidential mediation program for eligible charges. A neutral mediator does not decide who is right or wrong. Instead, the mediator helps the employee and employer explore whether they can reach a mutually acceptable resolution. If EEOC mediation is unsuccessful, the charge can proceed to investigation.

Contact Us Today

If you’ve suffered employment discrimination, choose the right lawyer. Please contact Mr. Shoemaker today at 757.223.4580. Patten, Wornom, Hatten & Diamonstein is located in Virginia, but we welcome employment law cases from across the country.