Frequently Asked Questions About Employee Discrimination
US, Canada and Puerto Rico
What is employment discrimination?
What kinds of cases involve employment discrimination?
How do I know whether or not I may have a claim for employment discrimination?
How does an individual sue for employment discrimination?
Do I need an attorney to file a complaint with the EEOC?
What happens after I file a complaint with the EEOC?
What happens if they find probable cause?
Should I see an attorney before I see the EEOC?
If I file a charge with the EEOC, will my employer be notified?
Can I be fired for filing an EEOC complaint?
What about violations of the American With Disabilities Act (ADA)?
What can I do if I think I may have a valid claim for employment discrimination?
What are your fees?
Q. What is employment discrimination?
A. Employment discrimination is the unlawful use of race, creed, color, or gender to deny an individual either an opportunity to work or to work under the same conditions as others.
Q. What kinds of cases involve employment discrimination?
A. Employment discrimination can be based on race (racial discrimination), sex (gender or sexual orientation discrimination), religious affiliation (religious discrimination), or age (age discrimination).
Q. How do I know whether or not I may have a claim for employment discrimination?
A. Employment discrimination claims involve what is called a prima facie case, which means in order to state a claim for discrimination, you must be able to prove that (1) you are a member of protected class; (2) that you were discriminated against in the terms or conditions of your employment; and (3) that as a result, you suffered damages.
Q. How does an individual sue for employment discrimination?
A. The first and most important thing necessary in order to pursue an action for employment discrimination is to file a complaint with the Equal Employment Opportunity Commission (EEOC).
Q. Do I need an attorney to file a complaint with the EEOC?
A. No, you do not need an attorney to file a complaint with the EEOC. Simply calling the EEOC will put you in contact with individuals who can give you all the information necessary in order to file a complaint with the EEOC.
Q. What happens after I file a complaint with the EEOC?
A. The EEOC will investigate your complaint and will either make a determination of no probable cause (which means that the EEOC has not found any evidence which would support your claim of employment discrimination) or probable cause (which would indicate that they had found evidence of employment discrimination). A finding of no probable cause does not mean that the issue is dead. Once the EEOC has made a decision with respect to probable cause, they will issue a right to sue letter. Even if the EEOC does not find probable cause that a violation has occurred, an individual may still contact us to bring an action for employment discrimination.
Q. What happens if they find probable cause?
A. When the EEOC finds probable cause, they either prosecute the action in your name for you or will issue a right to sue letter and finding of probable cause which can be used to prosecute the action against the employer.
Q. Should I see an attorney before I see the EEOC?
A. Although it is not necessary to us before you contact the EEOC, sometimes it is a good idea. We can provide you with the outline of the information that the EEOC will request in order to evaluate your claim. We can also tell you in more specific terms what law applies to your particular fact situation and assist you in making a determination whether or not to file a charge with the EEOC.
Q. If I file a charge with the EEOC, will my employer be notified?
A. Yes. As part of its job, the EEOC investigates your complaint. It cannot do this without contacting your employer and relating your version of the facts to your employer. Thus, anything that is said to the EEOC will ultimately be said to your employer.
Q. Can I be fired for filing an EEOC complaint?
A. Technically, no. Factually, yes. An individual can be fired for any reason or for no reason as long as there is not an illegal reason for their termination. Put another way, while the law prohibits an employer for firing an individual for making a charge with the EEOC, nothing prohibits an employer for firing someone for being two minutes late to work. Therefore, while the Act does provide for certain protection, there are still numerous ways that an employer can get around the impact of the discrimination laws.
Q. What about violations of the American With Disabilities Act (ADA)?
A. Violations of the ADA are also investigated by the EEOC and should be reported to them also.
Q. What can I do if I think I may have a valid claim for employment discrimination?
A. Feel free to contact us. We have represented individuals who have employment discrimination cases pending and we can provide guidance and assistance in helping you evaluate whether or not you have an actual claim for employment discrimination. We can also help you in contacting the EEOC and getting a complaint made through that office.
Q. What are your fees?
A. Balkin & Eisbrouch handle all cases on what is called a contingency fee. This means that no fees or costs are charged unless we collect money damages for you. We advance all costs for investigators, court reporters, expert witness testimony, accident reconstructionists, filing fees and any other expenses related to your case. All of the consultations with our office are absolutely free. When you receive compensation, meaning we have successfully concluded your case, either by settlement or litigation, our fees are a percentage of the gross settlement. This percentage is agreed upon before we begin work on your case and is generally between 20% and 40%. The percentage depends on the complexity and type of case.
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