Suing For Discrimination in Small Claims Court
Have you ever been discriminated against? If you have, take steps to make sure it never happens again, especially if this happened in the workplace, an academic institution, or at a business.
Types of Discrimination
Discrimination can come from anyone and anywhere, but it is most commonly reported in the workplace. Your rights regarding workplace discrimination stems from a fifty-eight-year-old federal law that prohibits acts of discrimination based on:
- Skin Colour
- Religious belief
- Wage and promotion disparity
Acts like harassment, retaliation, intrusion of privacy, and intolerance that take place in the workplace can count as discrimination when they target any of the bases listed above.
What To Do When Discriminated Against
Here are a series of steps that you have to take first before you file a discrimination complaint.
- Complain to the party involved: This could be your colleague at work or even a customer care representative. Let them know how their actions make you feel.
- Escalate your Complaint: If the discrimination happened at the company you work for, try reporting it to a higher authority like your HR department. If you are a customer or client for another business, write or request to speak to the manager.
- Inform the EEOC: The EEOC (Equal Employment Opportunity Commission) can help you resolve your discrimination case when it involves an employee or a company. You can check the proper procedure for filing a complaint with the EEOC and the time you have to report discrimination by. The EEOC has separate processes for private and federal employees.
- Sue for discrimination: You can file a discrimination lawsuit against an individual or a company in small claims court. A small claims court entitles you damage up to $10,000 if you win, depending on your state.
For employees, pursuing a small claims claim is usually the last step of the process. You will need the EEOC to grant you a right-to-sue before you can begin the lawsuit. In addition, it’s important to note that discrimination based on age (40 years and older) or wage has a separate process.
How To Sue For Discrimination
Suing for discrimination is a long and complicated process. Below shows a table that explains what to expect when you decide to sue:
|The process||The details|
|Gather your evidence||De-jure discrimination: If the type of discrimination is clearly prohibited in state, federal, and EEOC laws, then you have a pretty solid case and just need to get documented evidence or witnesses.
De-facto discrimination: If the discrimination you faced is not necessarily covered in state, federal, and EEOC laws, then you’ll have to further prove how grave the effects of the discrimination was. An example of necessary evidence would include medical bills for psychological treatment.
|Serve a demand claim||This is a formal notice (demand letter) of your claims presented to the company or individual.
You’ll need to specify how much compensation you seek, how you want it to be settled, and your intention to sue if otherwise.
|File your lawsuit claim in court||You will need to notify the small claims court of your case against the party who has discriminated against you.
You’ll need to:
|Serve the defendant your lawsuit claim||Whether it is an individual or a business, ensure you have your defendant’s correct address when serving them.
Also, get a copy of the acknowledgment from them (signature or signed statement). You will need to prove to the courts you have given the defendant sufficient notice.
|Appear in court||You may have anything from 30-80 days to prepare for court day.
You cannot hire an attorney in small claims court, so you will need to come prepared.
Suing For Discrimination With DoNotPay
The process of filing a charge with the EEOC and suing by yourself can be exhausting, but there are better options available to you. Not only can you report job discrimination to the EEOC with DoNotPay, you can also use the robot lawyer to help you sue for discrimination in small claims court! Here’s how:
- Log in to DoNotPay and select the Sue Now product
- Enter the amount of compensation you seek
- Select whether you want a demand letter, court filing forms, or a script for court day
- Describe the reason for the lawsuit and submit any applicable details, including a statement and photo proof
DoNotPay will then generate a detailed demand letter or the necessary court filing forms for you. We’ll even mail a copy of your demand letter to the person or company you are suing for discrimination! Once your court date is set, come back to the Sue Now product to get your very own script to prepare.
More Companies DoNotPay Can Help Sue
Almost everyone has been taken advantage of by a company. Not only can you use the Sue Now product to sue individuals, you can also sue big businesses! Here are some of the companies DoNotPay has helped sue over the years:
And more! DoNotPay streamlines the entire process for you – check out the Sue Now product today!