Can I file a lawsuit against my employer for discrimination?

The short answer to the above question is Yes.

The long answer is, in certain situations, you may sue your employer. These situations include discrimination based on race, gender, religion, age, disability, national origin, or sexual orientation. If you feel you have been treated less favourable based on these criteria, a workplace discrimination or employment attorney can help you protect your rights.

If you are facing workplace discrimination, you need to take the following steps before filing a lawsuit.

1. Make a formal complaint – Check the employee handbook or manual or ask company HR about filing a formal internal complaint about discrimination. Follow the internal complaint policy and save a copy of the complaint. If your employer does not have a policy on internal complaints, meet your employer or the supervisor of the person, who is discriminating against you. Describe the discrimination you are facing and ask for help in stopping the unlawful conduct. After the meeting, email them the summary of the issues discussed. Afterthe internal complaint and meeting, your employer can investigate and resolve the issue.
2. Document the discrimination – Write down a detailed account of your case.Mention the date and time of the incident(s) and the names of supervisors or co-workers who were present. Gather evidence to support your claim, such as emails, text messages, any written documents, photos and videos or performance reviews. However, if you do not have rightful access to such evidence or documents, it may compromise your claim.
3. Consult a workplace discrimination attorney – If your supervisor or employer does not investigate and resolve your concerns or takes negative action against you, an experienced workplace discrimination attorney can help you file an administrative charge with EEOC (Equal Employment Opportunity Commission). This does not mean that you are suing but you are notifying the EEOC about the workplace discrimination.

Filing a Lawsuit

Once you have filed a claim, the EEOC will investigate your claim. In a few cases, the EEOC may file a lawsuit against the employer upon completion of investigation. In most cases, the EEOC will issue a Dismissal and Notice of Rights or a Letter of Determination.

A Dismissal and Notice of Rights means that the investigation did not uncover anything to be considered illegal discrimination.

If the EEOC finds workplace discrimination, a Letter of Determination will be sent and they will attempt to have the parties reach a settlement. If a settlement is not reached, the EEOC will send the employee a Right to Sue letter.

If you receive a Right to Sue letter, you can file a lawsuit within 90 days.

Even if you receive a Dismissal and Notice of Rights, you may still be able to file a lawsuit. Consult an experienced workplace discrimination lawyer.

To learn more, consult one of the leading workplace discrimination, employment and harassment lawyers in Phoenix, AZ at Chahbazi Law PLLC or call 602-282-5868 Now! Attorney Meenoo Chahbazi uses her extensive experience and passion for employment equality to represent Arizona employees in a wide range of employment matters. 

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EmployeeLawoffice Joined: November 19th, 2019