What Does A Discrimination Lawyer Do?

Federal law prohibits employers from discriminating against employees in the United States. Various state laws also supplement or complement federal law in this capacity.

Unfortunately, discrimination cases still arise across a range of industries. You may need to hire a lawyer for discrimination if you’re ever the victim of this form of mistreatment at the hands of an employer.

A discrimination lawyer can be a valuable resource for an employee who feels unsafe at work. Although the specific duties of attorneys that deal with discrimination can vary depending on the nature of a case, generally, a lawyer for discrimination cases in the workplace helps a client pursue justice. The following guide will explain how they do so in greater detail, while also describing circumstances in which you may benefit from hiring a workplace discrimination attorney. 

What Does A Discrimination Lawyer Do?  

A discrimination lawyer can theoretically fill a variety of roles. Ways in which attorneys for discrimination victims may help their clients include:

• Applying their knowledge of relevant laws to determine if a potential client has a valid case
• Assisting a client in gathering evidence of discrimination
• Completing, submitting, and filing paperwork
• Determining the potential value of a client’s case
• Handling all correspondence with the other parties involved in a case

Be aware that it’s not always clear whether the manner in which an employer treats an employee qualifies as illegal discrimination. Thus, if you’re asking yourself “What kind of lawyer do I need for workplace discrimination?”, it may be best to schedule a consultation. A lawyer for discrimination can review the facts of your case and explain whether they believe an employer has broken the law. 

Types Of Discrimination Employees May Face At Work 

Employees may face discrimination at work for a number of factors and characteristics, many of which are outside of their control. Examples include:

• Race (including perceived race)
• Ethnicity/national origin
• Gender
• Gender identity
• Sexual orientation
• Age
• Disability
• Pregnancy
• Marital status
• Religion

Remember that discrimination laws vary throughout the country. An example of discrimination in one state may not yet qualify as illegal in another. As such, this isn’t necessarily an exhaustive list of all the forms of discrimination one might face in the workplace. 

Situations That Can Warrant A Discrimination Case 

To better understand the forms that workplace discrimination may take, consider the following examples:

• An employer not promoting an employee due to their race, gender, etc.
• An employee firing an employee for discriminatory reasons
• An employer allowing others to make jokes or offensive statements that may be discriminatory in nature
• An employee refusing to let certain employees participate in professional development programs or opportunities due to certain protected characteristics
• An employer failing to make reasonable accommodations for an employee who is disabled or pregnant

It’s worth noting that employers can engage in workplace discrimination even when the victims aren’t technically their own employees. For example, an employer may be liable for discrimination if one can establish a pattern of refusing to hire certain job candidates. Once more, if you’re not sure whether an employer’s actions meet the criteria for discrimination, an employee discrimination lawyer could provide more insight. 

State & Federal Laws That Prohibit Discrimination At Work 

Federal laws prohibiting workplace discrimination in the U.S. include:

• Title VII of the Civil Rights Act of 1964: This law primarily applies to cases of discrimination involving race, sex, religion, and national origin.
• Age Discrimination in Employment Act (ADEA): The ADEA prohibits discrimination against employees 40 years of age or older.
• Americans with Disabilities Act (ADA): Under the ADA, employers can’t discriminate against disabled employees and must make reasonable accommodations for them.
• Equal Pay Act of 1963 (EPA): A law requiring all genders to receive equal pay for equal work within a given establishment.
• Genetic Information Nondiscrimination Act (GINA): Guards against using genetic information as the basis of discrimination against employees.
• Pregnancy Discrimination Act: Along with prohibiting employers from discriminating against employees on the basis of pregnancy, this law prohibits similar forms of sex-based discrimination.

Whether these laws apply to an employer can depend on such factors as how many employees the company has. Remember, additional state laws may also influence your case.

You don’t need to be familiar with all these statutes to file a claim or lawsuit against an employer. Lawyers who handle discrimination cases study these laws, so their clients don’t have to navigate these processes blindly. 

How Can A Discrimination Attorney Help Me With My Case? 

The process of working with a lawyer for a discrimination case usually begins with a free consultation. During this time, the lawyer can learn about your case, and you can learn about an attorney and their qualifications.

Hiring a lawyer for discrimination at work can benefit you in numerous ways. Consider the following examples of how an attorney may assist you: 

• Filing an EEOC complaint: The U.S. Equal Employment Opportunity Commission (EEOC) is the government agency that often handles discrimination complaints. A lawyer can help you file a complaint with the EEOC and/or a relevant state agency. Along with helping you submit the necessary paperwork; a lawyer can help you take legal action against an employer if the EEOC provides you with a “Right to sue” letter after investigating your complaint.
• Gathering evidence: This is a critical point. You need substantial evidence to back up claims that an employer consciously engaged in discrimination. A lawyer can help you gather the evidence you may have to collect.
• Negotiating: Your attorney may negotiate with your employer, their lawyers, and/or their insurance to work towards a fair settlement for you. 

How Are Discrimination Lawyers Paid? 

There are various ways a discrimination lawyer might charge their clients. The following are among the most common: 

• Charging an hourly rate
• Charging a flat fee
• Entering into a contingency fee agreement, in which a lawyer only gets paid if they recover compensation for their client first

Discuss this topic thoroughly before signing a contract to hire a lawyer. You need to be confident you can afford an attorney’s services. That said, paying more for a competent attorney now could prove to be a worthwhile investment in the long run. 

Workplace Discrimination Attorneys Help You & Others  

Being the victim of workplace discrimination can take a toll on your finances, productivity, mental health, and more. If you think you’ve experienced discrimination at work, speak with an attorney to learn more about your potential legal options.

Keep in mind that demonstrating to an employer there is a price to pay for discrimination doesn’t merely help you achieve your goals. It may also protect others by discouraging an employer from engaging in further discrimination going forward. Get started by taking the Free Case Evaluation to speak with a discrimination lawyer in your area today.