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| | | Under state and federal law, employment discrimination is unfair treatment in the workplace based on a legally protected characteristic, such as age, disability, sex, pregnancy, national origin, race/color or religious beliefs. In a successful employment discrimination lawsuit, the court can order the employer to stop all discriminatory practices and to reinstate you (if you lost your job because of discrimination), give you a promotion or make other workplace changes. You could be awarded compensatory damages or (rarely) punitive damages (if you can show malice), attorneys' fees, court costs and other expenses. | | |
| Typical costs: | - There is no charge for filing a charge of employment discrimination with the US Equal Employment Opportunity Commission (EEOC). If no violation is found, the charge will be dismissed. If the EEOC finds that a violation occurred, it will try to reach a voluntary settlement with your employer, usually through mediation. If mediation fails, either the EEOC or the Department of Justice may file suit in federal court. However, these agencies are unable to file suit in every case. If they do not sue, they will notify you, giving you 90 days to file a lawsuit yourself.
- If you have an extremely strong case, a private attorney may accept your employment discrimination lawsuit on a contingency basis, with the lawyer receiving nothing if you lose the case but earning 20-50 percent of any settlement or judgment won in the case. Usually an attorney will receive a lower percentage for a case that is settled before going to trial, and a larger percentage if it goes before a jury or if it is appealed. Attorneys who have a history of obtaining larger settlements/judgments may charge a higher percentage In addition to your legal fees, any court fees, expert witness costs or other expenses will also be deducted from your settlement/judgment. These costs generally run at least $10,000, and can be considerably more.
- More commonly than pure contingency, an attorney may handle your employment discrimination lawsuit on a partial contingency basis, requiring you to pay specific fees and expenses whether you win or lose the case. These costs generally run at least $10,000, and can be considerably more.
- Because employment discrimination cases can be hard to prove, some attorneys handle them on an hourly basis, charging $100 -$600 or more an hour, plus court costs and other expenses. Legal fees charged at an hourly basis quickly mount up; the total cost will depend on the complexity of the case and the amount of legal work needed.
- If you need legal assistance and can't afford an attorney, the American Bar Association lists legal resources for each state.
What should be included: | - If you feel you're being discriminated against on the job or fired because of discrimination, it's important to document everything that happens. FindLaw.com lists tips for employees who are dealing with discrimination or harassment.
- Anyone who believes their employment rights have been violated may file a charge of discrimination with the Equal Employment Opportunity Commission. You can also file a charge on behalf of another person in order to protect their identity. The EEOC gives a detailed overview of federal job discrimination laws and procedures, as well as general directions for filing a charge of employment discrimination.
- Many employment discrimination suits are settled without going to court. The American Bar Association provides a general discussion of workplace laws.
Additional costs: | - Some attorneys will provide a free initial consultation, but others will charge their usual hourly rate for going over the facts of your case and reviewing your legal options.
Shopping for an employment discrimination lawsuit: | - It might be difficult to find an attorney to handle your case; most discrimination lawyers are only able to represent a small percentage of the people who contact them. Lawyers.com explains how to find and work with a discrimination attorney.
- The Equal Employment Opportunity Commission (EEOC) does not recommend specific attorneys, but its field offices may be able to give you a list of labor/employment attorneys in your area. You can also search for an attorney online at the National Employment Lawyers Association, Lawyers.com and FindLaw.com.
- Your attorney should provide you with a written fee agreement. Be sure you understand how you will be charged, and any additional costs you will have to pay.
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Article updated November 2008 |
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Recent Posts |
| Amount: $17,000.00 total |
Attorney cost
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| Posted by: Hurt in Cleveland, MS. | Purchased: April, 2010 |
| I received a settlement from a sex discrimination case. My attorney charged me $5000. When the case was settled, he took almost half of the settlement,plus the money I had already given him. |
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