Employment discrimination occurs when an employer uses bias to make decisions regarding its personnel or applicants. Employment discrimination law stems from the U.S. Constitution and is codified in a patchwork of state, federal, and case law.
Are You the Victim of Employment Discrimination?
If you think your employer acted with discrimination based on age, color, disability, national origin, race, religion, sex, or pregnancy, you should immediately consult with employment discrimination attorney. The attorney can assess your situation, apply the applicable law, advise you if you have a valid case, and take action to achieve the compensation you deserve.
How long does a discrimination lawsuit take?A lawsuit or settlement negotiations can take months or even years to play out, but every case is unique, and will depend on the circumstances of your case. If there is a lot of compensation on the line, it’s likely that your case may take longer. Your attorney can advise you about what to expect.
How do you prove employment discrimination?Just like with any other type of lawsuit, it will require evidence to prove your claims. If you think you are the victim of discrimination at your workplace, then it is important to document what you can. Save all email correspondence, phone messages, and performance reviews or other documentation that may prove your claims. Also, think about anyone you work with who would be able to corroborate your claims.
What age is considered old enough for age discrimination?In the eyes of the federal government, you can be the victim of age discrimination if you are 40 years old or older. Some state laws lower that age threshold. But if you are under 40, it will be difficult to press ahead with an age discrimination lawsuit.
Top Questions to Ask When Hiring an Attorney
- How many years have you been practicing law? How long have you practiced law in the local area?
- How many cases similar to mine have you handled in the past?
- What is the likely outcome for my case?
In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.
What to Expect from an Initial Consultation
- Seek to determine whether the attorney can represent you. There is no one-size-fits-all legal solution and it may turn out your needs are better served by an attorney in a different specialization.
- It’s important to find a legal ally who is both competent in the law and someone you can trust to protect your interests.
- Discuss how the practice’s billing works and discuss possible additional charges or fees that may arise during or after the resolution of your case.
An attorney consultation should provide you with enough information so that you can make an informed decision on whether to proceed with legal help.
How to Find the Right Attorney
- Determine the area of law that relates to your issue. Attorneys specialize in specific practice areas around legal issues within the broad field of law.
- Seek out recommendations from friends, family, and colleagues. A successful attorney or practice will typically have many satisfied clients.
- Set up consultation appointments to get a better understanding of your case as well as gauge your comfort level with different attorneys. Find the attorney who is the right fit for your needs.
Common legal terms explained
Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.
Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.
Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.