Meeting with Employment Discrimination Attorneys

Employment discrimination attorneys represent individuals against an employer in a discrimination claim. They can assist the victim by investigating and pursuing legal remedies. Discrimination occurs in the workplace when an employee receives unfair treatment based upon their race, gender, religion, sexual preference, age, national origin or a mental and/or physical disability.

The Discrimination Claims Process

If you have been denied a bonus or promotion or have not received equal pay, you may be the target of discrimination. The first step you should take is to read the company’s policy regarding anti-discrimination to determine if there is an internal grievance process to follow. Employers often have rules regarding how to file an initial claim.

In order to prove a case of employment discrimination, the employee must be able to show the following:

• That they are a member of a protected class, such as gender, anyone over the age of 40, those with a disability or a minority
• That the employee was qualified to perform the job
• That they were passed up for a promotion, denied equal pay or fired
• That someone else outside the protected class replaced them

Workers who have been discriminated against due to pregnancy may file a claim against their employer. Before filing a lawsuit, employees are required to file a discrimination charge with the Equal Employment Opportunity Commission (EEOC) within 180 days from the date the incident occurred. Any employer who has 15 or more employees is required to abide by federal laws. The EEOC will investigate the charges and conduct interviews to determine if the charge is valid. If they dismiss your claim, you then have 90 days in which to file a lawsuit against the employer.

Preparing to Meet With a Discrimination Attorney

Once you decide to hire a legal professional to represent you in a discrimination case, you will need to be prepared for the initial meeting with legal counsel. You should bring the following when meeting with the attorney:

• Documented examples of how and when incidents of discrimination occurred
• Names of witness who can validate your claim
• Proof that you were denied a promotion or fired due to discrimination
• Examples of harassment due to age, gender, religion, disability or sexual orientation

If the employee is still employed, the attorney may request that they keep of journal documenting instances of workplace happenings. Your lawyer may also conduct research to determine if there have been any similar incidents of discrimination. After collecting all of the evidence, the attorney will prepare for trial by filing the necessary paperwork to commence the lawsuit. In some cases, the employer may try to obtain a settlement out of court. If you do not agree with the proposed settlement, your attorney will proceed to trial.

Hiring a Discrimination Lawyer

Employment discrimination attorneys will work on your behalf to investigate the claim for validity. Once they decide to pursue the case on your behalf, you should be prepared to discuss the fee arrangement. Some lawyers take cases for free and others may decide to collect a fee only if the individual receives compensation.