FAQs

How do I know if I have been discriminated against?

I would start by saying to trust yourself and your instincts. If you feel you’ve been or are being treated differently because of a “protected class”, then you owe it to yourself to at least explore the possibility of using the law to start making your situation better. You deserve that.

What is a “protected class” then?

Protected classes are the identities that have the legal right to sue under federal employment discrimination laws.

The protected classes are as follows:

• Sex

• Race

• Religion

• National Origin

• Color

• Gender Identity

• Sexual Orientation

• Age

• Disability

• Veteran Status

• Pregnancy

• Genetic Information

The Equal Employment Opportunity Commission goes into more detail on protected classes.

What kinds of actions constitute discrimination?

At a high level, quite a bit. This includes getting fired, passed over for a promotion, not getting hired, and getting harassed. But ultimately, every case is different, and we can have an honest conversation about what is covered by discrimination laws and your experiences.

How long do I have until I have to bring a claim?

Federal law gives you 180 days to file a charge with the Equal Employment Opportunity Commission since the last discriminatory act by your employer. There are also many instances where that can be extended to 300 days.

Take a moment to breathe, but then I advise reaching out to an attorney sooner rather than later.

Are all employers liable under federal law?

Any employer with fifteen or more employees anywhere in the US is liable under federal law. If your employer has 15 or more employees, then I can represent you.

If your employer had less than 15 employees during the discriminatory actions, then that employer will only be liable if there is a state or local law that prohibits discrimination or if there is a handbook that prohibits discrimination.

Can I still sue if I have signed a separation agreement?

Many employers will have you waive your right to sue in exchange for severance pay. While there are some laws that govern the permissibility of that, it is best to schedule a consultation with a lawyer to discuss before signing, if possible.

If I sue my current employer, can they fire me?

Under federal law, your employer cannot retaliate against you for bringing a discrimination claim, testifying in support of someone else bringing a discrimination claim, or even just opposing discrimination.

So if your employer does retaliate, which can be as small as them excluding you from meetings you used to be invited to all the way up to them firing you, then you may have a claim for retaliation too.

Can I get my case done pro bono?

I recognize that not everyone is in a position to pay an attorney, especially if you have been terminated due to discrimination. If you qualify based on income, organizations like your local legal aid or a clinic at a law school in your region may take on your case, such as Lone Star Legal Aid for those residing in the Greater Houston Area or the University of Michigan Law School Civil-Criminal Litigation Clinic for Michigan residents.

What are the next steps?

Set up a consultation with an attorney. If you choose me as that attorney, we would start with a 30-minute Zoom or phone consultation. I’ll listen to your story, ask you what success means to you, and then we can both decide if I am the right attorney for your case. If we both think it is a good match, then your consultation fee is applied to the cost of our future work together. From that point, the fierce advocacy begins. So schedule your consultation now to send a message that you will not tolerate being discriminated against.