Discrimination in the workplace can have severe consequences for individuals, affecting their professional growth, financial stability, and overall well-being. The good news is that victims of employment discrimination have legal recourse. Victims of illegal discrimination can help themselves by ensuring that they utilize evidence of discrimination to build a strong case. In so doing, individuals can ensure that employers properly address and, where necessary, are accountable for discriminatory practices. In this article, we will explore the key steps involved in constructing a compelling case for employment discrimination claims.
Understanding Employment Discrimination
Discrimination is illegal when it is based on legally protected characteristics or classes. In Massachusetts, employment discrimination against protected classes currently includes: race, color, religious creed, national origin, ancestry, genetics, sex (including sexual harassment), sexual orientation, gender identity, age, criminal record (inquiries only), disability, and military status. Consult Greene & Hafer’s attorneys if you believe you are the victim of discriminatory actions based on these classes to help you determine if you have a valid claim.
Documenting Evidence
Building a strong case starts with gathering evidence. Be sure to document any incidents of discrimination, including dates, times, locations, and details of what transpired. Keep a record of discriminatory remarks, emails, text messages, memos, or any other relevant communication. If possible, obtain contact information from colleagues who can support your claims. Maintain a journal or log to record ongoing incidents. Consider whether there are any discriminatory patterns or policies in the workplace that you can identify.
Considering Pre-Litigation Settlement
Many discrimination claims can be settled prior to initiating litigation. This allows the employee to avoid the stressful and time-consuming process of litigating a case. You and your attorney will discuss whether she will draft a demand letter and attempt settlement at this stage. You, as the client, have the ultimate power to decide whether to settle, and your attorney will help you to understand what a reasonable settlement may look like, depending on the facts and circumstances of your case.
Filing a Complaint
If initial settlement negotiations are not successful, you may decide to file a complaint. Typically, this process involves filing a charge with a relevant administrative agency, such as the Equal Employment Opportunity Commission (EEOC). Filing employment discrimination claims with administrative agencies is usually a prerequisite to pursuing those same claims in court. Once you have filed your charge, you may consider the advantages and disadvantages of removing your case to court. Your attorney will also help you determine whether you have other claims against your employer, such as nonpayment of wages. She will explain the various courses of action available to you based on the circumstances of your case.
Engaging in Discovery
After filing a complaint, the discovery phase begins. This is when both parties exchange information and evidence relevant to the case. Your attorney will work to gather additional evidence and may conduct depositions, request documents, or subpoena witnesses. Cooperation and full disclosure from both sides are essential during this stage to ensure a fair and thorough examination of the case.
Preparing for Trial
The vast majority of cases are resolved prior to trial. However, If your case does proceed to trial, thorough preparation is crucial. Your attorney will help you build a strong legal strategy, identifying key arguments and counterarguments. They will coach you on testifying effectively and prepare you for cross-examination. It’s essential to be honest, composed, and consistent in presenting your case to maximize your chances of success.
How Greene and Hafer Can Help
Navigating the legal complexities of employment discrimination claims can be daunting. An attorney will guide you through the legal process, ensure your rights are protected, and help you build a strong case. Located in Boston, Massachusetts, Greene and Hafer represents people of all kinds who have experienced employment discrimination. With more than 30 years of combined employment law experience, our attorneys are prepared to counsel you.
