How to File a Discrimination Lawsuit and Get Compensated

Fight Workplace Discrimination How to File a Discrimination Lawsuit and Get Compensated

How to File a Discrimination Lawsuit and Get Compensated

If you are a victim of discrimination in the workplace, you have the law on your side. Federal law protects you against all forms of work-related discrimination, and many states will add the weight of local legislation to your case.

DoNotPay is your one-stop resource for combating discrimination in the workplace—we can show you what you need to do to stand the best chance of success with a discrimination lawsuit.

Is a Lawsuit the Best Option?

Before you embark on the legal route, you should first decide whether suing for discrimination at work is the best course open to you.

Hiring a discrimination lawyer and pursuing your discrimination case in court can quickly become expensive, and you will only be able to recoup your costs if you win.

If there is an opportunity to resolve the issue with your employer without legal action, you should attempt to do so. The steps you should follow are:

  1. Make sure your company has a discrimination policy
  2. Talk to the person discriminating against you
  3. Lodge a formal complaint with your company
  4. Keep a detailed log of events

Make Sure Your Company Has a Discrimination Policy

Your employer should have a written policy on discrimination—this will allow you to make sure that what you are experiencing qualifies as discrimination in the eyes of the company.

Talk to the Person Discriminating Against You

In many cases, you may find you can solve the problem by engaging with the person causing it. If they are made aware that their actions are potentially illegal and may lead to proceedings against them, they may modify their behavior.

Lodge a Formal Complaint With Your Company

You should make sure that your company is aware of the issue by lodging a written complaint with management or your HR department. Your company may take steps to solve the problem without you having to take the matter further.

Keep a Detailed Log of Events

The more detail you record, the easier any employment discrimination lawsuit will be. You should keep a diary of all incidents of discrimination, including:

  • The exact occurrences
  • Dates and approximate time of incidents
  • The alleged perpetrators
  • Any witnesses to the incidents

What To Do Before You Launch Legal Action

Federal legislation states that you cannot launch a lawsuit without first lodging a complaint with the Equal Employment Opportunities Commission (EEOC).

The EEOC is mandated to enforce federal anti-discrimination laws. Once it receives a complaint from you—called a charge of discrimination—it will do the following:

  • Notify your employer of the charge
  • Investigate your discrimination allegations
  • Determine a course of action

Depending on the outcome of its investigation, the EEOC will:

  • Reject your case
  • Request that you try to resolve the issue through mediation
  • Launch its own legal action against your employer
  • Close the case and issue a right to sue letter

The most important step for your lawsuit is your receipt of a right to sue letter from the EEOC. This states that the EEOC has closed its investigation and, while it will take no further action itself, encourages you to continue with private legal proceedings.

DoNotPay can help you file your charge of discrimination quickly and with no hassle.

How To Prepare Your Case

Your discrimination lawyer will help you prepare your case, making sure that you have enough evidence to prove that discrimination has occurred.

Your lawyer will also determine what kind of discrimination your case involves, the two major legal types being:

Type of Discrimination


De jure discriminationYour employer has actively done something that contravenes federal or state discrimination laws. An example would be your employer installing a policy of not allowing disabled employees to work in client-facing roles
De facto discriminationThe company has an anti-discrimination policy in place but accepts or encourages discriminatory behavior. As an example, the company may have separate canteens for factory workers (predominantly Black) and office staff (predominantly white), causing a de facto case of racial segregation

Once your evidence has been prepared, your lawyer will take your case to court.

The burden of proof is on you, meaning you have to demonstrate with your factual evidence that your employer has discriminated against you. As discrimination cases are civil matters, though, you need only prove your case on the balance of probability and not beyond reasonable doubt.

Is It Worth It?

According to recent statistics, around 67% of discrimination lawsuits are won by the plaintiff every year in the U.S.

If you win your case, you can expect compensation for the following:

  • Loss of earnings and benefits
  • Psychological trauma
  • Court and legal costs

Depending on the severity of your case, a court may also award punitive damages against your employer.

What Can DoNotPay Do To Help?

The most important step is gaining the right to proceed with legal action by lodging your complaint with the EEOC. DoNotPay can help you get this done in a flash—all you need to do is:

  1. Navigate to DoNotPay in your web browser and sign up
  2. Use the search bar to find our Fight Workplace Discrimination product
  3. Fill in the details of your charge

DoNotPay will file your charge with the nearest EEOC office. Once you receive your EEOC right to sue letter, you are good to proceed with your lawsuit.

What Kinds of Discrimination Are Worth Suing Over?

Discrimination in the workplace should be fought whenever it occurs. The most common forms of workplace discrimination are related to:

Harassment can also be defined as discriminatory behavior, and its most frequent occurrences are:

DoNotPay—The Virtual Lawyer You Can Rely On

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