It is illegal to discriminate against an employee on the basis of their race, age, gender, religion, national origin, and other protected characteristics.If you feel that you've been discriminated against, you can file a lawsuit.You will need to file a charge of discrimination with a state or federal administrative agency to bring a successful discrimination suit.A qualified attorney can help with successful discrimination cases.
Step 1: Identifying protected characteristics is important.
Federal law forbids discrimination on the basis of protected characteristics.Race, color, national origin, religion, age, disability, and genetic information are included.It is against the law to discriminate on the basis of sex.Discrimination based on pregnancy is included in federal law.It is against the law to fire a pregnant woman.It is currently illegal to fire a gay male because he is too effeminate or otherwise fails to conform to stereotypical gender expectations.Sexual orientation discrimination law is constantly changing.The Equal Employment Opportunity Commission decided in July of 2015 that discrimination on the basis of sexual orientation qualifies as sex discrimination.The federal courts must decide if this is a valid interpretation of federal law.If you want to bring a discrimination claim on the basis of sexual orientation, you should meet with a lawyer to discuss federal law.It is against the law to retaliate against employees who report discrimination.
Step 2: Understand the law of your state.
There are other sources of anti-discrimination law.You can take your employer to court if you have anti-discrimination laws.Federal law can sometimes offer more protection than these laws.Some state age discrimination laws might protect people younger than 40.If you want to find your state's anti-discrimination laws, perform an Internet search.Go to your favorite web browser and type in your state or county.You can visit your local law library if you can't find what you're looking for.
Step 3: Understand adverse employment actions.
Discrimination is not allowed in all aspects of employment.Discipline failure to accommodate religion or disability is one of the most common adverse actions.
Step 4: You should check if your employer is covered.
If you want to bring a discrimination lawsuit under federal law, you need to know if your employer is covered.An employer must have a certain number of employees.Depending on the type of discrimination you are accusing, the number varies.The federal prohibition on race or sex discrimination covers businesses that have had at least 15 employees working for 20 weeks or more in the past two years.The age discrimination provisions only apply if the employer has at least 20 employees.
Step 5: Hire a lawyer.
You don't need an attorney to file a complaint.Retaining a lawyer has many benefits.If your claim has merit, a qualified employment attorney can advise you.You will need a lawyer if you bring a lawsuit after filing a complaint.If costs are a concern, you should ask an employer lawyer if they will represent you on contingency.If you win your case, your lawyer won't get paid any fees.You will still be responsible for the costs of litigation.Employment law attorneys will take between 32% and 42% of any award they win.During your consultation, be sure to ask about contingency fee arrangements.It is possible to find a legal aid organization that handles discrimination matters.The Legal Aid Society has an employment law center.The Legal Services Corporation has a website that you can use to find a local legal aid organization.Find an Employment Lawyer has additional tips on finding an employment lawyer.
Step 6: Speak with your co-workers.
Do you know if anyone witnessed your employer discriminating against you?Try to get their private phone number or email address if they did.The person may no longer be working for the company by the time you go to trial.When the time arrives, you want to be able to contact these witnesses.You should speak to co-workers who are different from you.You may have evidence of discrimination if they were treated differently on the job.
Step 7: Copies of your performance reviews are available for purchase.
You should try to get copies of your performance reviews.Employers defend against discrimination lawsuits by saying that you deserved to be fired.If your employer noted poor performance, you should check your past performance reviews.If not, you have proof that poor performance is just a pretext.Hang onto a copy of your notice if you were fired.
Step 8: There are conversations that should be documented.
All communications you have had with relevant parties should be preserved.Emails, letters, memos, notes, and voicemails can be saved.Your attorney will want to see the evidence of bias.The face-to-face conversations should be summarized.To pay particular attention to any language you think shows bias, sit down and write down your memories of the conversation.
Step 9: A copy of your personnel file is required.
You kept a record of all official communications, such as prior reprimands or commendations, as well as informal comments and information about raises.Your personnel file should have this information if you did not.It may contain other critical information.It is possible that members of management had communications about you, or that comments were written in the margins of documents.Your employer could be prejudiced by any of these comments.Even if you politely ask, your employer might not want to give you your personnel file.You can subpoena a copy of the file once you file a lawsuit.Your employer will have to produce the subpoena.
Step 10: Keep the pay stubs handy.
You have to show how much discrimination has cost you.It is possible to establish the amount of wages you lost because of discrimination.There are documents that discuss the value of fringe benefits that employees receive, such as contributions to retirement accounts, health insurance premiums, or life insurance policies.
Step 11: Understand why you have to file a charge.
You need a notice from the EEOC before you can file a lawsuit.The notice will be issued after the investigation is complete.If there is an equivalent state agency in your state, you can file your charge there.If you want a Right-to-Sue notice, you can request it immediately.Before the agency finishes its investigation, you might want to file a lawsuit.If at least 180 days have passed since you filed your charge, you can request a Right-to-Sue letter.The investigation will be closed if the EEOC issues a notice.You have 90 days to file your lawsuit after you receive your Right-to-Sue Notice.In limited circumstances, this deadline can be extended.
Step 12: Do not wait for something.
You have deadlines that you have to meet.You have to report discrimination within 45 days if you are a federal employee.You have 180 days to report if you are not a federal employee.If your state laws give more than 180 days, you will have up to 300 days.As soon as possible, you should file a complaint with the appropriate administrative agency.
Step 13: You can file a charge with an office.
You can file a discrimination charge with either the federal government or a state agency.State agencies have more rights than the EEOC.You can talk to your attorney about which agency to file with.The charge will be filed with the other office.The charge will be shared with the EEOC if you file with your state agency.
Step 14: The EEOC has a file with it.
You can file a charge in person at one of the 53 EEOC field offices.The location of the field offices can be found on the EEOC website.
Step 15: A letter to the EEOC is a good idea.
You can file your charge by mailing a letter to the EEOC if there is no field office near you.The letter should include your name, address, and telephone number, as well as the number of employees employed there, if you believe age discrimination was the reason for it.
Step 16: You should file with your agency.
You can file with a state agency instead of the EEOC.The process will vary by state.You must first file a pre-complaint inquiry with the Department of Fair Employment and Housing Office in California.If you can't hear, call 800-884-1684.Send an inquiry form to the office.Email the Inquiry form to contact.center@dfeh.ca.gov.
Step 17: Go ahead and file a complaint.
You file a complaint for discrimination.The complaint can be drafted by your lawyer.A complaint will detail the factual circumstances surrounding the discrimination.The complaints have been printed.You can find a sample complaint on the web.
Step 18: Discover.
The parties will investigate after a lawsuit is filed.In discovery, parties request information in the possession, custody, or control of the other party.There are many ways to discover.Requests for Production are among the most common.You can get a copy of the document from your employer.In a discrimination case, you should seek your personnel file, job contract, and communications from your supervisors.There are interrogatories.You ask your employer questions with interrogatories.The questions must be answered by your employer.There are deposits.Your lawyer will question a witness face-to-face in a deposition.The parties usually meet in a lawyer's office, and the questions and answers are recorded by a court reporter.The person answered questions under oath.Sometimes testimony can be read at trial if the witness can't attend.
Step 19: Do you want to sit for a deposition?
In a discrimination lawsuit, you will have to sit for a deposition.If you sit down with your lawyer and do a trial run, you can prepare for the deposition.Prepare for your employer to ask you about embarrassing incidents from work.Your employer will likely argue that you were a poor employee who needed to be fired for non-discriminatory reasons.At any point in the lawsuit, you should be prepared for embarrassing information to be revealed about you.Don't volunteer too much information during your deposition.Before answering, make sure you understand the questions.You do not want to answer a question that has not been asked.Don't guess for an answer.If you do not remember information, say, "I don't remember."
Step 20: There is a motion for summary judgement.
Employment discrimination suits are often dismissed before trial.Your employer should try to get the case dismissed as well.In a motion for summary judgment, your employer will argue that there are no factual disputes to be resolved by a trial and that it is entitled to judgement as a matter of law.The motion for summary judgment will be defended by pointing out what is in dispute.The central fact in a discrimination case is often the employer's motivation or state of mind.Whether or not a boss was motivated by bias is usually a question for the jury.You can also ask for a summary judgment.Most discrimination cases are won on summary judgment.
Step 21: Consider an alternate dispute resolution.
If you defeat your employer's motion for summary judgment, you should be expected to participate in ADR.Negotiating and mediation are the most common forms of mediation.You can also go to a trial.You and your employer will try to come to an agreement to resolve the dispute.If you want to participate in negotiation, you should have a lawyer.An experienced negotiator can negotiate a bigger settlement than your employer initially offered.A neutral third party helps guide the parties to a mutually-agreeable resolution in mediation.Either party can walk away from mediation.You and your employer will argue the case before a private party, instead of a judge.Both you and your employer will have to agree to the selection of the arbitrator.Employers like the fact that the proceedings can be kept private.You can give up your right to appeal by agreeing to arbitration.Before agreeing to participate in this option, you should discuss it with your lawyer.
Step 22: The jury should be selected.
The judge or jury can hear your case if you get to trial.In order to uncover hidden biases, your lawyer will ask jurors questions during the jury selection process.In discrimination cases, an attorney will try to get the opinion of the jury on whether cases should be resolved out of court or not.Prospective jurors should be asked if they've had personal experience of discrimination or harassment, and whether they have brought lawsuits of their own.Prospective jurors can be struck for cause if they admit to bias.A number of peremptory challenges can be exercised by your lawyer without giving a reason.
Step 23: The opening statement needs to be delivered.
The opening statement will be delivered by your lawyer.An effective opening statement will give jurors a preview of the evidence and introduce your theme.The theme of an employment discrimination case is often a culture of harassment at the job site.A bad fact is something that your employer will raise to the jury.It supports a claim that you were fired for being a bad employee because you failed to perform a work assignment.By raising the bad fact before the defense can, you can take the sting out of it.
Step 24: Evidence and witnesses should be present.
The evidence will be presented first by your lawyer.There will be witness testimony and documentary exhibits.You should expect to be called as a witness in the discrimination suit.Remember to dress conservatively while you prepare for your testimony.Your credibility will be judged by how you look.The attorney is asking questions.When you answer, look at the jury.Speak clearly.Don't answer questions with gestures.If a lawyer objects to a question, don't answer it.Wait for the judge to rule on the objection and then answer it.Carefully listen.You should only answer the question asked and never guess an answer.Even if the truth is embarrassing, always answer the questions honestly.
Step 25: Cross look witnesses.
Your employer will be able to present witnesses and introduce evidence after you have presented your case.In order to cast doubt on the credibility of the witnesses, your attorney has to poke holes in their testimony.Negative testimony about your work habits and personality should be prepared.When co-workers testify that a person is a terrible employee, some people are surprised.
Step 26: In a closing argument, summarize the evidence.
Each party will present a closing argument after all evidence has been presented.The purpose of your lawyer's closing argument is to summarize the evidence and show the jury how it supports your claim of discrimination.Your lawyer wants to start and end strong.Jurors pay attention to the first and last arguments in a closing argument.The closing argument should be brief because jurors don't have strong attention spans.
Step 27: Wait for the verdict to come down.
The jury will be retired to deliberate after the judge charges them.The verdict must be unanimous if you are in federal court.verdicts don't need to be unanimous in state courts.If 10 out of 12 jurors agree with you, you can win.
Step 28: If required, appeal.
You may be able to appeal if you are unhappy with the verdict.Discuss with your attorney if you want to appeal.Costs, the amount of time an appeal will take, and whether the appeal is worth the stress are some of the considerations.