I have met many clients who have viable cases but have not taken the appropriate steps to overcome a summary judgment. This article is dedicated to educating the client to prepare for your Employment Discrimination Lawsuit. The information listed below is general and may not describe or discuss the steps needed for more intricate cases.
Step 1: MAKE A FORMAL COMPLAINT
Though one can skate by on a verbal complaint of discrimination it is best practice to make a formal written complaint. A formal written complaint makes for better organization of thought, accurate dates, and most importantly EVIDENCE.
Step 2: KEEP A WRITTEN TIMELINE
In most discrimination cases one is trying to meet the burden of a balancing test. The balancing test weighs whether the discriminatory conduct is severe and outrageous or whether the discriminatory conduct is frequent. If you are only experimenting micro aggressions or passive discrimination then a timeline is your friend!
Step 3: MAKE A CHARGE WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION IN YOUR STATE
Fear of making a charge accounts for most discrimination taking place. I’m not blaming the victim, I am saying the discrimination won’t end until you seek help!
One must make a charge before you can sue an employer/ company for discrimination. It is best to seek legal counsel at this point.
Step 4: REPORT ANY RETALIATION
It is unlawful to retaliate against an employee for making a charge of discrimination. If you find your work hours have been cut or you’ve been terminated, demoted, having to perform more arduous task or even being talked to about the charge then your employer has unlawfully retaliated! If retaliation takes place be sure to amend your charges.
Step 5. AMEND THE CHARGES
Every time your employer or an employee in the work place discriminates or retaliates against you- amend the original charge! This will go to that balancing test prong of frequency.
Step 6: BE PATIENT
Discrimination cases can span anywhere from 6 months to 3 years because the potential monetary damages are so high. Be patient, continue working (this is not your lottery) and persevere.
Contact #NubyLaw to serve your rights!