Posted on January 29, 2012 by Fast Lawsuit Team
Lower wages. Being passed over for promotion. Old-boy practices that leave women out. These are some of the reasons why 6 women filed a landmark sexual discrimination suit against the retail giant Walmart. It eventually snowballed into a class-action suit that sought to get compensation for as many as 1.5 million of Walmart’s female employees. The Supreme Court eventually ruled that the complainants cannot continue as a class action suit. However, women can still file for a sex or employment discrimination claim against the company.
This case is an example of an employment discrimination lawsuit. Aside from sexual discrimination (as given in the above example), there are also other kinds of employment discrimination, including:
- Racial discrimination
- Sexual harassment or discrimination
- Age discrimination
- Discrimination against sexual orientation
- Religious discrimination
- Disability discrimination
- Workplace Harassment
- Pregnancy discrimination
- Whistleblower (Qui Tam)
- Wrongful termination
What is Employment Discrimination?
In the United States, the rights of an employee are protected in order to ensure a safe and fair working environment. Applying discriminatory practices in hiring, firing or laying off, providing of benefits, classification of employees, transfer and promotions on the basis of sexual orientation, gender, age, race, religion, disability or other reasons are prohibited by law. Employers cannot also adversely single out a certain employee or group of employees when it comes to the use of company facilities, training programs, retirement plans and disability leave.
An employee can file an employment discrimination lawsuit against his employer if he has experienced employment discrimination. That is, if he has been given unfair treatment (whether in a single event, a series of events or repeating events) by reasons of their belonging or association with a certain age group, race, and so on.
To file the lawsuit, the employee first has to lodge a charge with the US Equal Employment Opportunity Commission. The EEOC will investigate the charge and decide whether the complaint is actionable or not. Once it deems the complaint actionable, it will issue a “Right to Sue” letter.
Facing the Giants
You can picture an employee filing an employment discrimination lawsuit against his client as David facing Goliath. Employers have more resources and can hire a battery of lawyers to defend themselves against their employees’ claims. A lawsuit can drag on for years.
During this time, the complainants may have already been unemployed. Because of this, they have placed their finances in a precarious situation. As the lawsuit drags on, bills also mount. The complainants will still need money to pay for rent or his mortgage, groceries, other living expenses, as well as related court costs. A complainant may be sorely tempted to settle out of court for an amount that is less than the case is actually worth, just to ease the financial pressure he is facing.
This is where lawsuit funding can help. A lawsuit cash advance comes at a time when a complainant is in financial distress. He is also under emotional strain due to the lawsuit. He is especially vulnerable to pressures from the other party to simply cave in, have it over and done with in order for him to get the cash he needs. More often than not, the settlement offered would be much lower than what the complainant stands to receive had the lawsuit succeeded.
With lawsuit funding comes financial strength to resist such temptations. This funding is about leveraging what one stands to receive as a settlement from the case. This means that there is no urgency towards settling the case for only a minimal amount. Also referred to as a lawsuit loan, this funding is not actually a loan since it is based solely on the strength of the case and you don’t have to pay the money back in the event that you don’t win your lawsuit.
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