Getting discriminated against at work is one of the worst experiences you’ll ever have to face.
You feel targeted, alone, and helpless. And after all the courage it takes to pursue legal action, you’re faced with yet another hurdle in the form of finding the right lawyer to represent you.
Hiring the wrong discrimination lawyer can make an already bad situation even worse. But the right one? That can change everything in your case.
What you’ll learn:
- Why specializations matters in discrimination cases
- Questions to ask before hiring a lawyer
- Evaluating a lawyer’s track record
- Understanding fees and payment options
Discrimination Lawyers Need Experience In Discrimination Law
The most common mistake people make when hiring a lawyer is getting a general practice attorney.
Don’t fall into that trap! Your cousin’s divorce lawyer or your friend’s personal injury attorney is not going to cut it when it comes to employment discrimination cases. Discrimination law is its own thing and you need an attorney who lives and breathes this type of law.
The EEOC recovered $698 million for almost 21,000 workers in fiscal year 2024 which is no joke. An experienced Michigan Discrimination Lawyer who has focused on discrimination in the workplace will know the ins and outs of federal laws (Title VII) and specific state laws.
Look for a lawyer who:
- Has handled discrimination cases similar to yours before
- Is experienced with the EEOC complaint process
- Has a track record of successful settlements or verdicts
- Knows both federal and state discrimination laws inside and out
Don’t be afraid to ask them outright. How many discrimination cases have they handled? What were the results? Any lawyer worth their salt will be happy to tell you.
The Right Location Can Make All The Difference
One thing people often miss when looking for the right lawyer…
The location of the lawyer matters more than you might think. A local discrimination lawyer can provide advantages that out of state lawyers just can’t match. They know the local judges, are familiar with the region’s employment practices, and have relationships with court officials.
Local discrimination lawyers are well-versed in the specific state laws that may offer you additional protections beyond federal laws. Some states have stronger anti-discrimination laws than others. A lawyer practicing in your state will know exactly which protections you have.
Face to face meetings are also much easier with a local lawyer. You’ll need to meet multiple times with them throughout your case and being able to sit down in person makes a big difference.
Check Reputation And Track Record
You wouldn’t buy a car without reading reviews, right?
Same idea with lawyers. You can start with online reviews but don’t take them at face value. Check with the Better Business Bureau for any formal complaints against them. Ask the lawyer for references from former clients who had similar cases.
Pay attention to communication. Did they return your calls quickly? Did they explain things in a way you could understand? If they were talking down to you or rushing through the consultation, be wary.
Watch out for lawyers who:
- Guarantee specific results or timeframes
- Seemed disinterested or didn’t fully explain your options
- Aren’t willing to provide client references
- Have disciplinary actions against their license
You can typically look up a lawyer’s disciplinary history online through your state bar association. Take a few minutes to check. It can save you a lot of headache down the road.
Fee Structures And Payment Options
Let’s talk about money.
Discrimination cases can take months, even years. You need to understand how your lawyer charges before you sign anything.
Most discrimination lawyers work on a contingency fee basis, which means they only get paid if you win. If you win your case the lawyer takes a percentage of your settlement or award (usually between 33% and 40%). This keeps their interests aligned with yours.
Hourly billing is another option. Lawyers charge by the hour for time spent working on your case. Hourly rates can really add up quickly. Get a clear estimate of total costs before proceeding. Ask about expenses in addition to fees like filing fees, expert witness costs, and administrative fees.
Whatever the fee structure your lawyer uses, get it in writing.
Gathering The Right Evidence
Did you know…
The strength of your evidence is just as important as the skill of your lawyer. The best discrimination lawyer can’t win a case if you don’t have solid evidence.
Discrimination charges filed with the EEOC rose to 88,531 in fiscal year 2024 showing more people are standing up for their rights in the workplace. But not all of those cases have strong evidence to back them up.
The best types of evidence are things like emails, text messages, performance reviews, witness statements, and any other documents that show you were treated differently. If you were terminated for “poor performance” but received positive performance reviews until the discrimination started, that’s good evidence of a discriminatory reason for your firing.
Your lawyer will help you figure out and gather the evidence you need to prove your case. But the more evidence you bring to your initial consultation, the better.
Questions To Ask Before Hiring A Lawyer
Most lawyers offer free initial consultations so use that time wisely. Get the answers you need to make the best hiring decision.
Essential questions to ask:
- How many cases similar to mine have you handled?
- What were the outcomes?
- Do you have more experience negotiating settlements or going to trial?
- How do you communicate with clients during the case?
- What are your fees and payment terms?
- How long do cases like mine typically take?
Watch not only for their answers but how they answer. Do they listen carefully to your situation? Do they explain things in a way you can understand? Trust your gut feelings. If something feels off during the consultation keep looking.
The EEOC Process Is Important
Before you can file a discrimination lawsuit you generally need to file a charge with the Equal Employment Opportunity Commission (EEOC) or your state equivalent.
A good discrimination lawyer will guide you through this process and represent you during EEOC mediations and investigations. They’ll know how to best present your case and effectively negotiate with your employer’s lawyers.
The EEOC process is all about deadlines. You generally have 180 days from the day of discrimination to file a charge (300 days in some states). Missing these deadlines can kill your case before it even gets started.
It’s Time To Make A Decision
You’ve done the research and met with several lawyers. Now it’s decision time.
Pick a lawyer who specializes in employment discrimination law, has extensive experience with cases similar to yours, practices locally, has a strong reputation and track record, has a fee structure you’re comfortable with, and communicates clearly.
Remember this will be your advocate during one of the most stressful times of your life. You need to be able to trust them and work effectively with them.
Time To Get Going
Being discriminated against at work is bad enough. Don’t make it worse by trying to tackle the legal system on your own.
The right discrimination lawyer will not only know the law inside and out, they’ll understand what you’re going through. They’ll fight for your rights, hold your employer accountable, and help you get the compensation you deserve.
Don’t put it off for too long. Reach out to a lawyer and get the process going. Filing deadlines are real and evidence gets more difficult to obtain the longer you wait. Act today and give yourself the best chance for a successful resolution.
