What Do I Need To Do Before Filing a Discrimination Lawsuit?

There are many federal and state laws that protect employees from discrimination. Under these laws, if an employee faces workplace discrimination, they have the option to file a civil rights claim seeking compensation or reinstatement by their employer.

There are preliminary steps to filing a discrimination lawsuit that you need to be aware of. The process for bringing a lawsuit can vary depending on whether you sue under federal or state law and the state you live in. Contact a local discrimination lawyer to understand your legal options.

Grounds for an Employment Discrimination Lawsuit

“A discrimination- and harassment-free working environment is one of the key features of our country. It’s a fundamental civil right that all Americans enjoy,” says Randall B. Gold, an employment attorney with Fox & Fox, S.C. in Chicago.

Federal and state anti-discrimination laws prohibit adverse employment actions such as firing, demotion, or getting passed over for promotion based on your inclusion in a protected class. Employers cannot discriminate against you on the basis of your:

• Race
• Color
• Age
• Religion
• Disability
• National origin
• Genetic information (including family medical history)
• Sex (including gender identity, sexual orientation, and pregnancy)

Employers also cannot retaliate against you for engaging in protected activities such as:

• Reporting discrimination
• Opposing discrimination
• Reporting safety issues
• Reporting fraud (such as overbilling)
• Participating in a discrimination investigation or lawsuit
• Taking medical leave as protected under the Family and Medical Leave Act (FMLA)

The Employment Discrimination Complaint Process

The first step is to contact an employment lawyer who handles discrimination claims. An initial consultation typically lasts between one and two hours. During the consultation, you and the lawyer discuss the circumstances and documents relating to the harassment, firing, layoff, or whatever the issue might be.

If you decide to work together, you can sign an agreement. Your attorney can file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) or your state employment agency. Generally, you must file the initial complaint within 180 and 300 days of the incident.

Your lawyer can help you gather additional evidence in support of your discrimination or retaliation claim. Your attorney can explain the filing process and next steps and give you an idea of how long a discrimination claim might take.

Drafting the Charge of Discrimination

“As a plaintiff’s attorney, you help draft the charge for the client,” says Cynthia H. Hyndman, an employment attorney with Robinson Curley in Chicago. “You then talk to the investigator at the agency to respond to questions and help them move things along to get their job done. You’re advocating for your client like you would in a court case. It’s just a little less formal.”

Hyndman notes that you don’t necessarily need a lawyer to file a complaint of discrimination with either the federal agency (EEOC) or state agency. “The agency is designed to help people who don’t have an attorney navigate the process. You can always just go to the EEOC or state agency if you suspect your employer has taken some adverse action against you — they fired you, they didn’t promote you, or something along those lines,” she says.

“Because of your membership in a protected class — your race, gender, sexual orientation — there are a lot of different protections. Illinois law tends to protect a little more broadly than federal law does, but you can go to either of these agencies and talk to someone there.”

After Filing the Discrimination Complaint

Once you’ve filed your charge, the agency sends it to your employer and conducts an evaluation and investigation. Based on the findings, the agency determines whether there’s evidence that a violation occurred.

If the case is with the state labor or human rights agency, there may be an additional step. The agency conducts a fact-finding conference. During the conference, you and your employer, as well as your attorney, if you have one, meet face-to-face with the investigator.

Even if the EEOC decides a case in your favor, justice doesn’t necessarily come swiftly. “It could take anywhere from a year to two years, maybe even longer, depending on the complexity of your case,” Hyndman says. And if the case winds up going to trial, it may take another year or two. Trials for these discrimination claims are rare. Gold estimates that about 95 percent of these cases settle before trial.

The Importance of Taking Legal Action Against Discrimination

Despite the long and winding road, Hyndman says the journey is worthwhile. Hyndman believes safeguards against workplace discrimination and retaliation are essential.

“It’s important for employees to be able to challenge their employers since in Illinois and in most other states, at-will employment is the law, meaning that employers can fire you for really any reason at all,” Hyndman says.

“You want to keep employers honest and not have them making employment decisions on the basis of your race or gender or sexual orientation. Title VII of the Civil Rights Act has been around since 1964. These laws protecting people from discrimination have been around for a long time. Yet it still happens.”

Find an Experienced Attorney for Legal Help Filing Your Discrimination Claim

If you have experienced discrimination or retaliation in the workplace — whether through termination, demotion, a hostile work environment, or other adverse actions — reach out to an employment law firm for legal advice. A discrimination attorney can help you take the next steps in reporting discrimination or filing a lawsuit.