How an Employment Lawyer Helps Discrimination Victims
Workplace discrimination disrupts careers, damages mental health, and creates financial hardship. An employment lawyer who represents discrimination victims provides more than legal advice — they build a structured case that holds your employer accountable and recovers compensation for the harm caused. This page explains the specific steps an employment lawyer takes from the initial consultation through resolution, so you understand exactly what an employment lawyer does when representing someone who has been discriminated against at work.
Step 1: Evaluating Your Discrimination Claim
During the initial consultation, your attorney assesses whether your experience constitutes legally actionable discrimination. This requires identifying a protected characteristic (race, sex, age, disability, religion, national origin, pregnancy, sexual orientation, gender identity), an adverse employment action (termination, demotion, denial of promotion, pay reduction, hostile work environment), and a causal connection between the protected characteristic and the adverse action.
The attorney also identifies which laws apply to your situation. A single set of facts may give rise to claims under multiple statutes — for example, a pregnant employee who is fired may have claims under the Pregnancy Discrimination Act, the FMLA, the ADA (if pregnancy complications qualify as a disability), and the PHRA. Each statute provides different remedies and has different filing requirements, so identifying all applicable claims early maximizes your recovery.
Step 2: Preserving Critical Evidence
Evidence in employment cases is fragile. Employers control most of the relevant documents, and critical evidence can disappear if not preserved promptly. Your attorney will advise you to save all communications (emails, texts, voicemails, chat messages) related to the discrimination, keep copies of performance reviews, disciplinary notices, and any documentation of your work quality, write a detailed timeline of events while your memory is fresh, identify coworkers who witnessed the discrimination or its effects, and preserve any physical evidence (offensive materials, written statements, photographs).
If litigation is anticipated, your attorney may send a preservation letter to your employer requiring them to retain all documents, communications, and electronic data relevant to your claims. Destroying evidence after receiving a preservation letter can result in severe sanctions against the employer.
Step 3: Filing Administrative Complaints
Most discrimination claims require filing a charge with a government agency before you can file a lawsuit. Your attorney handles the strategic decision of where to file — the EEOC, PHRC, PCHR, or NJDCR — based on which agency offers the best procedural advantages for your specific case.
The charge itself is a sworn statement describing the discriminatory conduct. Your attorney drafts this carefully because the charge defines the scope of your subsequent lawsuit — claims not included in the charge may be barred from court. A well-drafted charge preserves maximum legal options while providing enough factual detail to prompt a meaningful investigation.
Step 4: Negotiating With Your Employer
Settlement negotiations can begin at any stage. Your attorney may send a pre-litigation demand letter outlining your claims and the damages you are seeking, negotiate during the agency investigation process, participate in formal mediation (offered by the EEOC and most courts), or negotiate during litigation as the employer faces increasing costs and exposure.
An experienced employment lawyer knows the settlement value of your claims based on the strength of your evidence, the applicable damages under each statute, the employer’s financial resources and litigation history, comparable verdicts and settlements in the jurisdiction, and the risk and cost of proceeding to trial.
Step 5: Litigation and Trial
If settlement negotiations do not produce a fair result, your attorney files suit in federal or state court. The litigation process includes discovery (the formal exchange of documents and sworn testimony), motion practice (legal arguments about what evidence and claims will be presented at trial), and trial (presenting your case to a judge or jury).
Discovery is often where discrimination cases are won. Through depositions, your attorney questions the employer’s decision-makers under oath, exposing inconsistencies, contradictions, and evidence of discriminatory intent that may not have been apparent before litigation. Document requests may reveal internal communications, statistical data, and pattern evidence that strengthens your case significantly.
Types of Compensation Your Attorney Seeks
In discrimination cases, your attorney pursues every available category of damages. Economic damages include back pay (lost wages from the date of the adverse action), front pay (future lost earnings), lost benefits, and out-of-pocket expenses. Compensatory damages cover emotional distress, humiliation, loss of professional reputation, and related non-economic harm. Punitive damages are available when the employer acted with malice or reckless indifference to your rights. Attorney’s fees and costs are recoverable under most employment discrimination statutes.
How the Lacy Employment Law Firm Represents Discrimination Victims
Attorney Andrew Lacy, Jr. represents employees exclusively in discrimination, harassment, wrongful termination, and related employment claims across Philadelphia, Pittsburgh, and New Jersey. As President of the Eastern Pennsylvania Chapter of NELA, Andrew brings focused expertise in employee-side employment litigation.
We handle discrimination cases on a contingency fee basis — no fees unless we recover compensation for you.
If you are experiencing workplace discrimination, contact the Lacy Employment Law Firm for a free consultation. Call (215) 515-5924 or submit the contact form on this page.
