Categories of prima facie discrimination
There are several categories of prima facie discrimination. Employers are forbidden from discriminating against workers or applicants because of their race, age, national origin, sex, disability, pregnancy and others. Prima facie discrimination may exist in any of these categories, but they may require different elements to prove them.
The elements of the different types of prima facie discrimination are subject to modifications based on the specific category. For instance, workers who are older than 40 must show the previously discussed elements along with the fact that the employer hired a younger worker for the job despite the older worker’s qualifications. In other words, it will take more than showing that you are a member of a protected class.
Remedies for prima facie discrimination
There are numerous remedies that might be available in discrimination cases. Employees may recover damages for the losses that they suffered, including lost wages, job reinstatement, recovery of benefits and injunctive remedies to prevent future discrimination.
Getting legal help
If you believe that your employer has discriminated against you, an experienced employment attorney at Swartz Swidler can assess whether or not you have a prima facie claim. Contact the law firm of Swartz Swidler today to learn more about your rights in your case. Your attorney will want you to bring documentation to your consultation to help assess the legal validity of your claim.
