When to Contact an Employment Discrimination Attorney: A Complete Guide

Protect Yourself & Know Your Rights

Finding an attorney to help with a workplace discrimination lawsuit can be overwhelming and confusing, especially if you aren’t confident your rights have been violated. However, if you feel you are facing serious issues at work, you can check with a workplace discrimination attorney to see if you can pursue legal action.

The goal of this comprehensive guide is to help you understand when you should contact an attorney who specializes in discrimination in the workplace. Understanding your rights as an employee is crucial and knowing when to seek professional legal counsel can make the difference between a successful resolution and a missed opportunity for justice.

What Rights & Protections Do I Have in the Workplace?

There are federal, state, and local laws that protect your rights in the workplace. These laws have changed over the years, but a skilled employment rights attorney can explain which ones apply to your circumstances and why they matter.

Federal Employment Laws That Protect You

Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, sex (including sexual orientation, pregnancy, and sexual harassment), or national origin.
Americans with Disabilities Act (ADA): Prohibits disability discrimination and requires reasonable accommodations.
Age Discrimination in Employment Act (ADEA): Protects individuals age 40 and older from age discrimination.
Equal Pay Act: Requires equal pay for equal work regardless of gender.
Family and Medical Leave Act (FMLA): Protects your right to take unpaid leave for family and medical reasons.
Section 1981 of the Civil Rights Act of 1866: Prohibits discrimination based on race, color, and ethnicity.
Uniformed Services Employment and Reemployment Act (USERRA): Prohibits military veteran status discrimination.

State and Local Protections

Many states and localities provide additional protections beyond federal law. We recommend checking your state’s and city’s laws regarding the following:

Sexual orientation and gender identity protections.
Broader disability accommodation requirements.
Additional family leave protections.
Broader age discrimination protections.
Enhanced anti-retaliation provisions.
Enhanced pregnancy discrimination protections.
Familial/parental status/caregiver discrimination.
Criminal/arrest record discrimination protections.
Victim of domestic violence, stalking, sexual offense protections.
Veteran/active military service member discrimination protections.

Are There Time Limitations on My Claim?

Employment discrimination claims have strict deadlines:

EEOC Complaints: Generally must be filed within 180-300 days of the discriminatory act.
State Agency Complaints: Deadlines vary by state.
Court Filings: Usually must follow EEOC complaint resolution.

Don’t wait to seek legal advice. These deadlines are strict and missing them can permanently bar your ability to pursue legal action.

When Should I Connect with an Employees' Rights Lawyer?

Conflict in the workplace can be discouraging, especially if you’re worried that you have no recourse or ability to fight back. You have the right to feel safe at work without worrying about how your supervisors, managers, or colleagues will treat you. There are a variety of scenarios that could warrant intervention by a workers’ rights attorney, like:

Employment Discrimination Cases

You should strongly consider contacting an employment discrimination attorney if you’ve experienced any of the following, or similar:

Discrimination Based on Protected Characteristics

Race, Color, Ethnicity, or National Origin Discrimination:

Being subjected to racial slurs, jokes, or comments.
Receiving different treatment in hiring, promotion, or job assignments based on race.
Being excluded from meetings, social events, or opportunities due to your race or ethnicity.
English-only requirements that aren’t necessary for workplace safety.
Facing harassment about your accent, language skills, or cultural practices.
Denial of opportunities that were given to less qualified individuals of a different race.

Gender and Sex Discrimination:

Being paid less than opposite-gender colleagues for substantially similar work.
Being passed over for promotions in favor of less qualified individuals of a different gender/sex.
Facing different standards or expectations based on your gender.
Being subjected to gender-based stereotypes that affect your career advancement.
Experiencing discrimination related to pregnancy, childbirth, or related medical conditions.

Age Discrimination:

Being targeted for layoffs while younger employees are retained.
Hearing age-related comments like “time for new blood” or “we need fresh ideas”.
Being excluded from training opportunities or new projects due to your age.
Facing pressure to retire or take early retirement packages.

Disability Discrimination:

Being denied reasonable accommodations for a disability.
Facing harassment or negative treatment because of a physical or mental disability.
Being excluded from job opportunities due to assumptions about your disability.
Experiencing retaliation for requesting disability accommodations.

Religious Discrimination:

Being denied time off for religious observances while others receive time off.
Facing harassment about your religious beliefs, practices, or attire.
Being required to violate your religious beliefs as a condition of employment.
Being denied reasonable religious accommodations.

Pregnancy Discrimination:

Denied breaks to allow for breastfeeding/lactation.
Being denied opportunities, promotions or projects due to pregnancy status.
Being denied a private area to express one’s breastmilk for their child.

Sexual Orientation and Gender Identity Discrimination:

Facing harassment or different treatment from others based on sexual orientation or gender.
Being denied equal benefits or opportunities due to gender identity or orientation.
Experiencing hostile work environments related to LGBTQ+ status.

Hostile Work Environment

Contact an employment attorney if you’re experiencing a hostile work environment that is characterized by:
Severe or pervasive harassment that creates an intimidating, hostile, or offensive work environment.

Unwelcome conduct that is based on your protected characteristics.
Harassment that unreasonably interferes with your work performance or livelihood.
Management’s failure to address reported harassment despite being made aware.

Sexual Harassment

Sexual harassment can take the form of a gender-based hostile work environment (sexual or sexist comments or “jokes”), unwanted physical contact or advances of a sexual nature, or quid pro quo (conditioning submission to sexual activity to promotions, greater pay, more opportunities for advancement, hiring, etc.)

Retaliation Cases

Retaliation occurs when employers take adverse action against employees for engaging in legally protected activities. Listed below are examples of adverse actions that may lead an employee to retaliation:

Protected Activities Leading to Retaliation:

Filing or reporting a discrimination complaint with HR or management.
Filing a complaint with the Equal Employment Opportunity Commission (EEOC).
Participating in an investigation of discrimination or harassment.
Opposing discriminatory practices in the workplace.
Requesting reasonable accommodations for a disability.
Taking legally protected leave (i.e., FMLA, workers’ compensation, etc.).
Reporting safety violations or illegal activities (whistleblowing).

Adverse Actions That May Constitute Retaliation:

Termination, demotion, or suspension following protected activity.
Reduction in pay, hours, or benefits.
Unwarranted negative performance reviews.
Exclusion from meetings, training, or advancement opportunities.
Increased scrutiny, micromanagement, or unreasonable work demands.
Harassment or creation of a hostile work environment.
Threats or intimidation.

Contact an attorney if you’ve experienced any of the following:

Wrongful Termination Cases

While most employment is “at-will”, meaning employers can terminate employees for almost any reason, wrongful termination occurs when the firing violates specific laws. Please be aware as well that implications of “at-will” employment can vary state-to-state. Contact an attorney if you believe you were terminated for the reasons below:

For Discriminatory Reasons:

Due to your race, color, religion, sex, national origin, age, or disability.
Because of pregnancy or family medical leave.
Due to your sexual orientation or gender identity.

In Retaliation:

After filing a discrimination complaint.
For reporting illegal activities or safety violations.
For taking legally protected leave.
For refusing to engage in illegal activities.

In Violation of Public Policy:

For jury duty service.
For voting or political activities.
For filing workers’ compensation claims.
For refusing to commit illegal acts.

Breach of Employment Contract:

Violation of written employment agreements.
Breach of implied contracts (such as employee handbooks promising specific procedures).

Wage and Hour Violations with Discriminatory Elements

Pay disparities based on protected characteristics (race, gender, etc.).
Being denied equal overtime opportunities due to discrimination
Facing different pay standards or commission structures based on protected status

What Are Some Signs I Should Contact a Workers’ Rights Lawyer?

Pattern of Treatment: You notice that employees sharing your protected characteristics face similar treatment.
Documentation Exists: You have emails, texts, witnesses, or other evidence of discriminatory conduct.
Timing Issues: Negative employment actions occurred shortly after you engaged in protected activity.
Severity of Impact: The conduct has significantly affected your job, career prospects, or well-being.
Management Inaction: Your employer has failed to address your complaints or has dismissed them.

Are There Times I Shouldn't Work with a Lawyer?

While our mission is to help as many people as possible, honesty about our practice limitations ensures you get the right attorney for your specific situation. There are a few areas we do not handle, like:

Isolated, Individual Wage and Hour Claims:

Isolated unpaid overtime (not affecting other employees).
Isolated minimum wage or late pay violations.
Break and meal period violations (not involving pay).
Isolated misclassification as independent contractor or overtime exempt employee

Workers’ Compensation Claims:

Workplace injuries and related medical treatment.
Disability benefits from workplace injuries.
Return-to-work issues (unless involving discrimination or retaliation).

Unemployment Benefits Issues:

Appeals of denied unemployment claims.
Disputes over benefit amounts or duration.
Assistance in acquisition of benefits.

General Contract Disputes:

Non-compete agreement/restrictive covenant enforcement (unless involving discrimination).
Severance agreement disputes (unless involving discrimination).
General breach of contract claims (not involving employment or without discriminatory elements).

Labor Union Relations:

Union organizing activities.
Collective bargaining disputes.
Grievance procedures under union contracts.

Family and Personal Legal Claims

Divorce and family law issues.
Personal injury claims
Criminal defense matters.
Immigration law issues.
Estate planning and probate matters.

Business and Corporate Law

Business formation and corporate structure.
Commercial litigation between companies.
Intellectual property disputes.
Real estate transactions and disputes.
Tax law issues.

Are There Issues that Don’t Qualify as Legal Cases?

While we aim to help ease workplace conditions for every client, general workplace disputes and personality clashes are generally not illegal. So unless your situation meets the description of issues above, you do not have a legal standing for:

General Workplace Rudeness or Poor Management:

Having a difficult boss who treats everyone poorly.
General workplace incivility that isn’t based on protected characteristics.
Poor communication or management decisions that affect all employees equally.
Feeling underappreciated or disliked (without protected characteristic basis).

Minor or Isolated Incidents:

Single inappropriate comments that don’t create a pattern or are not severe.
Minor workplace conflicts that don’t rise to legal violations.
Personality conflicts with coworkers or supervisors.

At-Will Employment Decisions:

Termination for poor performance (when legitimate and documented).
Layoffs due to business necessity that don’t target protected groups.
Termination for violation of clear, consistently enforced policies.

How Do I Know If My Case Will Stand Up in Court?

Each lawsuit is unique. Your circumstances can be similar to someone else’s, but there could be factors that make your approach vastly different.

Key Factors That Strengthen Your Case

Clear Connection to Protected Characteristics: The adverse treatment is clearly linked to your race, gender, age, disability, religion, or other protected status.
Documentation: You have written evidence such as emails, performance reviews, witness statements, audio or video recordings, or company policies.
Pattern of Behavior: The discriminatory or retaliatory conduct has occurred multiple times or affects multiple employees with similar characteristics.
Comparative Evidence: You can show that similarly situated employees outside your protected class were treated more favorably.
Timing: Adverse employment actions occurred shortly after you engaged in protected activity (like filing a complaint or requesting accommodation).
Severity and Pervasiveness: The conduct was severe enough to create a hostile work environment or affected the terms and conditions of your employment.

What Should I Ask Myself Before I Contact an Attorney?

Was I treated differently because of who I am (race, gender, age, disability, etc.)?
Did I engage in legally protected activity before experiencing negative treatment?
Do I have evidence of the discriminatory or retaliatory conduct?
Has this affected my job duties, advancement opportunities, or work environment?
Did I report the issue internally, and how did management respond?
Are there witnesses to the conduct or others who experienced similar treatment?

What to Expect When You Contact Our Firm

Filippatos PLLC combines decades of legal experience to provide service tailored to your needs. We offer strategic thinking and industry insight to help you achieve fairness and justice for you at work.

Our Initial Consultation Process

When you reach out to our employment discrimination attorneys, here’s what you can expect:

Confidential Case Review: We’ll listen to your situation with complete confidentiality and respect. Our firm is a pure contingency firm, meaning that the initial intake process is free of charge for any potential client.
Legal Assessment: One of our law clerks will work with you to evaluate your case and assess the strength of your potential claims.
Honest Evaluation: We’ll explain your legal options in plain English, without confusing legal jargon. If we don’t think you have a strong case or if your issue falls outside our practice area, we’ll tell you honestly and help you find appropriate resources.
Next Steps: If we believe you have a viable case, we’ll explain the legal process, timeline, and what you can expect moving forward. A CAC, or Client Assessment Call, is similar to the initial intake process, but done so with one of our attorneys at the firm.

What Should I Bring to My Consultation?

To make the most of your consultation, consider gathering the following:

Any written documentation related to your situation. (emails, texts, memos, performance reviews, recordings)
Names and contact information of potential witnesses
Timeline of relevant events
Details about your employer (size, policies, previous complaints)
Information about your job performance and any disciplinary actions
Documentation of any internal complaints you’ve made

What We Need to Know to Better Help You

Specific details about the discriminatory or retaliatory conduct
Your protected characteristic(s) that you believe motivated the treatment
Whether you filed internal complaints and management’s response
Any adverse employment actions you’ve experienced
How the situation has affected your work and career
Whether other employees have experienced similar treatment

Taking Action: Your Next Steps

If You Believe You Have a Case

Document Everything: Keep detailed records of discriminatory incidents, including dates, witnesses, and communications.
Preserve Evidence: Save emails, texts, and other relevant documents. Take photos if appropriate.
Report Internally: Follow your employer’s complaint procedures, if safe to do so, and document their response.
Seek Legal Counsel: Contact an employment discrimination attorney as soon as possible to discuss your situation.
Know Your Rights: Understanding your legal protections empowers you to make informed decisions about your situation.

If Your Issue Falls Outside Our Practice Area

We believe every worker deserves appropriate legal representation, even if we can’t provide it ourselves. If your situation falls outside our practice area, we may be able to:

Refer you to qualified attorneys who handle your type of case.
Provide general information about resources available to you.
Help you understand your rights under applicable laws.

Why Choose Filippatos PLLC For Your Discrimination Lawsuit

Employment law is complex and constantly evolving. Working with attorneys who specialize in employment discrimination, retaliation, and wrongful termination cases provides several advantages:

Deep Understanding: We know the nuances of employment law and how to build strong cases.
Experience with Employers: We understand employer tactics and how to counter them effectively.
Client-Centric Approach: We understand how tricky and exhausting navigating this process can be, and we aim to treat you like family to ease the stake of the matter.
Proven Track Record: Our experience handling similar cases provides valuable insight into strategy and outcomes.
Commitment to Justice: We’re passionate about protecting employee rights and holding employers accountable.

Don’t let illegal workplace conduct go unchallenged. Contact us today to discuss your situation and learn about your legal options.

This guide is for informational purposes only and does not constitute legal advice. Every situation is unique, and the specifics of your case will determine your legal options.