According to a landmark federal law passed by the United States Congress, discrimination at work is an illegal practice that should force employers to pay a steep financial price. However, litigating employment discrimination cases remains difficult for victims because of several reasons. If you are a victim of discrimination in the workplace, the chances of you winning a workplace discrimination case depend largely on how you proceed with presenting evidence, as well as whether you work with an employment law attorney who specializes in litigating discrimination cases.
How to Win an Employment Discrimination Lawsuit
Filing a civil lawsuit should be a legal measure of last resort taken by your employment lawyer. However, Title VII of the Civil Rights Act of 1964 provides you with a strong foundation to pursue legal action against your employer for discriminating against you at work.
Let’s review the steps to take to end discrimination at work.
Let Your Employer Know
Before your discrimination attorney files a civil lawsuit, you should discuss discrimination at work with your employer. If you work at a small business, take your concerns to the owner of the business. For employees of larger companies, speaking with the human resources manager might resolve the issue. If discussing your concerns about discrimination in the workplace does not end the unlawful practice, then you have the right to move forward by filing a formal complaint.
File a Documented Complaint
Filing a formal complaint that is documented might motivate your employer to work hard to resolve the legal issue. A formal complaint leaves behind a paper trail that demonstrates you are serious about ending discriminatory practices at work. Many employers have established a no-tolerance policy when it comes to discrimination due to the potentially financially devastating outcome of a civil lawsuit.
File a Complaint with the EEOC
Before you file a civil lawsuit for discrimination at work, you have to file an administrative complaint with the Equal Employment Opportunity Commission (EEOC) or the state agency that handles complaints concerning discrimination in the workplace. The government agency that processes your complaint conducts a thorough investigation that might result in your employer having to modify its workplace conduct policy. If the government agency processing your complaint finds fault with your employer, you have the right to file a civil lawsuit that seeks monetary damages.
Submitting Evidence of Discrimination at Work
The key to winning an employment discrimination case involves gathering and organizing persuasive evidence, which can include copies of your employee file and the support provided by witnesses. You have to prove you are a member of a protected class listed in Title VIII of the Civil Rights Act of 1964. In addition, you must show your employer took one or more adverse actions against you that caused you harm.
Working with an employment law attorney can help you collect the evidence you need to win a discrimination case against your employer.
Get Help with Your Claim
Despite the passage of the Civil Rights Act of 1964, discrimination continues to damage the professional reputations of employees working in all industries. If you face discrimination at work, hiring an employment lawyer can help you end the illegal practice. Schedule a free case evaluation to determine how to proceed with your workplace discrimination case.
