What Does a Discrimination Lawyer Do?

Submitted by cendy on

When you think about the damage done because of discrimination in the workplace, you probably think about the negative financial consequences of losing a promotion, or worse, losing your job. Although the financial consequences of discrimination in the workplace can be substantial, workers that face workplace discrimination can suffer from negative mental and emotional consequences as well.

If you experienced discrimination, you should contact an employment lawyer for discrimination at work.

What is a Discrimination Attorney?

A discrimination attorney handles cases that address violations of Title VII of the Civil Rights Act of 1964. The landmark civil rights law prohibits employers from discriminating against workers based on several demographic factors.

According to the Equal Employment Opportunity Commission (EEOC), your employer cannot discriminate against you because of age, race, gender, religion, and national origin. Employers cannot discriminate against workers based on genetics, disability, and sexual orientation.

After the enactment of Title VII of the Civil rights Act of 1964, several states such as California and Massachusetts passed laws that strengthen the protections granted by the historic civil rights legislation. The discrimination attorney that you hire must understand the unique legal protections provided by state discrimination laws.

How Can a Discrimination Attorney Help?

Knowing the answer to the question, “What does a discrimination attorney do” represents the first step required to fight back against discrimination at work.

Determines Whether You Experienced Discrimination

During the free case evaluation, the attorney sitting across from you wants to know the facts regarding your case. The facts that you present must meet the legal standard for proving discrimination. For many discrimination in the workplace cases, determining the validity of a discrimination claim depends on the account of witnesses.

However, documents such as the results of performance reviews and details about the promotion process can be the evidence you need to meet the discrimination litmus test.

Calculates a Reasonable Value for Compensation

You might qualify to receive three types of monetary damages: Economic, non-economic, and punitive. Economic damages cover the value of lost wages and any medical care you received because of the stress generated by acts of discrimination.

Non-economic damages include pain and suffering, which your attorney calculates based on a formula that includes the value of economic damages. Finally, the judge hearing your case can issue a verdict for the payment of punitive damages.

Negotiate a Settlement

Avoiding the trial phase of a civil lawsuit saves you both time and money. Instead of going through a trial, an employment lawyer can try to reach a settlement with your employer. Negotiations start when your legal counsel submits a value for compensation. The legal counsel representing your employer follows with a counteroffer and the process continues until both parties agree to a monetary value for compensation.

Represents You at Trial

Although reaching a favorable settlement should be a priority for your employment attorney, you might have to go through a trial to receive just compensation. A civil trial requires you to testify about the discrimination you faced at work.

One of the most important things a discrimination lawyer does is to prepare a client to answer the expected questions posed by your employer’s legal team. In addition to getting you ready for trial, a discrimination lawyer files the proper paperwork before the expiration of the statute of limitations.

An employment lawyer also can help you file a persuasive complaint with the EEOC.

Finding a Discrimination Attorney

Finding a discrimination attorney used to involve referring to the Yellow Pages for names and contact information. With the Yellow Pages no longer a resource for attorneys, another old-school way of finding legal help can get you the support that you deserve.

Asking trusted friends and family members for recommendations represents an effective strategy for hiring the best employment attorney. You should also network with neighbors and professional peers. Asking lawyers that you know can lead you to the right choice for legal counsel.

Conducting online research is another way to find a discrimination lawyer. Every state bar association operates a website that provides visitors with legal support and resources. Click the “Find a Lawyer” icon to reach a web page that allows you to input search criteria.

The discrimination attorney that you hire must have considerable experience handling discrimination in workplace cases. Although the number of years plays an important role in determining experience, you also want to work with a litigator who has established a proven record of winning discrimination cases.

Another factor to consider concerns responsiveness. The lawyer you hire for legal counsel must respond promptly to all forms of communication, which includes emails, phone calls, and text messages.

For more information about how an employment lawyer can help you, fill out a free case evaluation. 

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