How To File An Employment Discrimination Lawsuit

Posted By Gary Phillips on Oct 21, 2016 | 0 comments


The workplace is supposed to be a place where equality and fairness should be practiced. Regardless of race, nationality, gender, or disability, all employees must be afforded equal rights that they deserve. However, this has not been the case over the years. According to statistics released by the U.S. Equal Employment Opportunity Commission, there has a total of 89,385 charges of employment discrimination.

The website of Cary Kane LLP reveals that workers are protected against discrimination when being hired, fired, promoted, or mistreated. Title VII of the Civil Rights Act prohibits employers from engaging in employment discrimination. The law also gives you the right to file an employment discrimination case against your employer or co-worker who is mistreating you. There are certain steps that you can undertake when filing a discrimination case:

Talk to the Offender

The first thing you can do is resolve the issue in a peaceful manner. You can talk to the person who is mistreating you. This may seem awkward at first but such action can help you prove some facts should you decide to file a lawsuit. As the complainant, you need to prove that the harassment was unwelcome and you did not like it. If the situation is not resolved, you can put all your concerns in writing.

File A Complaint Within Your Company

If all your efforts proved futile and the offender continues to discriminate you, the next step is to lodge an internal complaint. You can check your employee handbook or ask human resources on the ways to file a harassment or discrimination complaint. By filing a complaint, you are giving your company an opportunity to conduct an investigation or resolve the problem. At the same time, you are also protecting your rights.

File An Administrative Charge

Before you can file a harassment or discrimination charge in court, you are legally obliged to file an administrative charge. If you don’t, your lawsuit will just be dismissed. Most states require employees to file an administrative charge with a fair employment practices agency in their state before filing a lawsuit. Keep in mind that there is only a short deadline for filing an administrative charge and for filing a lawsuit upon receipt of your right to sue letter.

Filing The Lawsuit

Upon receipt of your right to sue letter from the state or Federal administrative agency, you may now file a lawsuit. At this stage, you will need the help of a lawyer to guide you throughout the process.

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