Finding the right lawyer to assist with a workplace discrimination case is critical, yet can be an overwhelming process. This article will provide a helpful guide on key steps to take when seeking legal assistance for discrimination at work, from understanding your protections under the law to locating reputable attorneys in your area. Acting promptly and making informed choices can mean the difference between achieving the justice you deserve or missing out on your opportunity to hold employers accountable.
Contents
Understanding Discrimination Laws
Several landmark federal laws exist to protect employees from unfair treatment and discrimination in the workplace based on certain characteristics. Some key acts include:
Civil Rights Act of 1964 – Prohibits employment discrimination based on race, color, religion, sex and national origin. Applies to employers with 15 or more employees.
Age Discrimination in Employment Act – Protects individuals 40 years of age and older from age-based discrimination.
Americans with Disabilities Act – Requires employers to provide reasonable accommodations for applicants and employees with disabilities. Prohibits discrimination based on disability.
Equal Pay Act – Provides for equal pay between men and women performing substantially equal work.
In addition to federal laws, many states and local jurisdictions have enacted their own anti-discrimination laws, some of which may offer even greater protections. An experienced attorney can advise you on the specific laws relevant to your particular situation.
Workplace discrimination manifests in practices such as:
- Denying employment opportunities based on protected characteristics
- Paying certain groups of people lower wages compared to others
- Passing over an employee for promotion due to age, gender or race
- Firing someone for becoming pregnant or disabled
- Creating a hostile workplace environment through harassment
If any of the above feel applicable to your experience, you likely have a potential discrimination case. The key is determining the exact nature and communicating the details to a legal professional.
Finding a Discrimination Lawyer
The best place to start your search is by utilizing lawyer referral services to connect with attorneys skilled in employment discrimination law. Reputable options include:
- 1-800-THE-LAW2 – Free national directory providing referrals to pre-screened lawyers.
- State and local bar associations – Look up the bar association website for your state or city to access their lawyer referral listings.
It also helps to search directly for law firms and solo attorneys within your region that specialize in employment law and discrimination cases. Look for details on their websites indicating significant experience in these areas of practice.
Ask trusted contacts like family, friends or colleagues if they can personally recommend any attorneys. While tempting, avoid simply choosing based on TV advertising or picking the first lawyer listed on Google. Vet each option thoroughly.
As examples, discrimination law specialists like Bogin, Munns & Munns have successfully handled numerous complex lawsuits for clients against large corporations. Look for similar established firms.
Criteria for Choosing the Right Discrimination Lawyer
Key factors to evaluate when selecting an employment discrimination lawyer include:
- Specialization – They should concentrate specifically in employment law, with sub-expertise in discrimination.
- Experience – Look for 10+ years handling discrimination lawsuits, preferrably on behalf of employees.
- Case Success – Reputable lawyers should have a strong litigation record, including favorable settlements and verdicts.
- Client Reviews – Positive testimonials by former clients indicate satisfied customers.
- Resources – Well-resourced firms have the staffing and monetary capabilities to thoroughly pursue your case.
- Personality Fit – There should be mutual trust and comfort between you and your lawyer.
Do not hesitate to ask candidates detailed questions during your search process to assess qualifications in these areas. Making the right match here is vital.
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Preparation for Initial Consultation
Before your first meeting with an attorney, pull together key documentation and information including:
- Employment records – Offer letters, personnel files, performance reviews, discipline notices, termination letters, etc.
- Communication records – Emails, texts, instant messages related to your claim.
- Timeline of events – Dates and details of instances of discrimination, harassment, or unfair treatment.
- Names of witnesses – Colleagues who observed or can corroborate your experiences.
- Notes from HR – Any formal or informal complaints you made internally.
Also prepare a list of questions for the lawyer, such as:
- How many employment discrimination cases have you handled similar to mine?
- What has been your success record in these cases? Can you provide examples?
- What will your step-by-step process be in handling my case?
- What are the chances my case could end up in court?
Being organized and asking the right questions will help you assess if an attorney is truly the best fit.
Cost and Fee Structures
Before officially retaining a lawyer, be sure to understand the fee structure, which typically takes one of two forms:
Hourly billing – You pay by the hour for time the lawyer spends on your case. Rates range ~$200-$500/hour depending on experience and region.
Contingency fees – The lawyer receives 25%-40% of any settlement award or damages, but nothing if no recovery is obtained. No upfront payment required.
Many lawyers offer free initial consultations. However, be prepared for some out of pocket expense regardless of fee structure.
The Process of Filing a Claim
The general process for pursuing an employment discrimination claim involves:
- Initial intake meeting with attorney
- Internal complaint with HR (optional)
- Filing charges with the EEOC
- EEOC investigation
- Receiving right to sue notice
- Formal lawsuit filed in court
- Discovery phase (evidence collection)
- Settlement negotiations or trial
While each case is unique, your lawyer will guide you through these general steps from start to finish.
Urgency of Action
It is vital to act promptly when seeking legal help for workplace discrimination. Key deadlines exist, including:
- 300 days from the last discriminatory act to file EEOC charges
- 90 days from receipt of EEOC right to sue notice to file a lawsuit
Let your lawyer know immediately if you are close to or past these deadlines. Preserving your ability to pursue a claim is imperative.
Resources and Support
Beyond hiring a lawyer, other organizations exist to provide counsel and assistance if facing discrimination at work:
- ACLU – Offers legal help for civil liberties violations.
- NELA – National advocacy group for employee rights.
- EEOC – Federal agency that handles workplace discrimination claims.
- Your state’s Human Rights Commission – Investigates violations of state anti-discrimination laws.
Don’t hesitate to use these groups as an additional resource.
Conclusion
Workplace discrimination can be demoralizing and devastating. But knowledge of your legal protections and rights is empowering and provides a path to justice. By consulting with an experienced attorney who will fight on your behalf, you can hold employers accountable for unlawful practices. Use the guidance in this article to locate specialized counsel, understand key processes, and take your first steps toward obtaining the best possible outcome. The time to act is now.
Read On:
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