Defense and More: Business Attorneys

3 Questions To Ask Yourself Before You Sue Your Employer For Discrimination

17 July 2023

Darrell Hanson

Are you considering a discrimination lawsuit against your employer? Perhaps your employer treated you poorly based on age, race, gender, sexual preference, or other personal traits. A lawsuit may be the most effective way to resolve the issue. However, a lawsuit can be a long and challenging process for the plaintiff and the defendant. You may have to cover legal costs out-of-pocket, and if you don't win, those costs may never be recouped. You also could face a challenging environment at work and in your relationships with coworkers. A lawsuit may be the right path for you, but before you file, ask yourself the questions below:

Did your employer treat you unfairly, or did they actually break the law?

Employees often believe that any form of unfair treatment is the basis for a discrimination lawsuit. But that's not the case. You must show that the employer's unfair treatment was motivated by a bias against you based on your race, gender, age, disability, or some other protected characteristic. If you can't show that evidence, the court may rule that other factors caused the unfair treatment. For example, your manager may be incompetent or a poor communicator, and those lack of management skills may result in unfair treatment of employees. But incompetence and poor communication are not illegal and are unlikely to lead to a legal victory. Ask yourself if you can prove the employer's actions were illegal before filing a suit.

Have you gone through the internal complaint process with your employer?

When you file a discrimination lawsuit, the court will want to see that you have exhausted all other options before filing the suit. Many employers have internal processes to handle discrimination complaints. That process could include meeting with human resources and even your supervisors to rectify the discrimination. The lawsuit will likely be unsuccessful if you haven't gone through that process. The court will tell you to return to your employer and complete the internal process before filing a suit. Make sure you've exhausted all other options before filing your suit.

Do you have any secrets that you don't want to be exposed?

Anything could come to light in a lawsuit. Once the suit is filed, your employer will collect evidence to show that their actions were justified. They could pull your workplace emails and phone calls, and even ask your coworkers to testify against you. Anything you have done or discussed at work is fair game. If you have any secrets from your professional life, they could come to light during this process. Before filing a suit, ask yourself if the potential payout is worth any collateral damage that could occur.

Ready to move forward with your discrimination case? Contact a discrimination case lawyer in your area today.

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