How to Choose an Employment Discrimination Attorney

By the time employee targets of workplace discrimination, bullying, and hostility look for an employment discrimination attorney, they are typically exhausted, demoralized, and gaslit to the point of questioning the trustworthiness of people beyond the workplace.

Choosing an employment discrimination attorney can be a daunting task at any time but especially when institutional betrayal, interpersonal bias, systemic racism, racelighting, and group mobbing has decimated one’s career. Here are a few tips to get you started.

Tips to Selecting an Employment Discrimination Attorney

1. Get Unbiased Recommendations

Ask for recommendations of people in your field who are not directly tied to your workplace (e.g., alumni association, professional association, people you met at conferences, or LinkedIn connections you’ve grown to respect). If you select an attorney from a state law association, ask if the attorney has references from previous clients you can review.

2. Make Sure They're Licensed

Most attorneys are licensed in one state with a minority licensed in two states like California and New York. Check the license on prospective attorneys to ensure they are active and in good standing.

3. Establish that Fees Are Paid Afterwards

In workplace discrimination cases, many attorneys do not charge you while the case is ongoing and pay for the costs along the way (e.g., investigations, court filing fees). You pay for legal services once the case settles or a judgement is reached in the courts.

4. Consider Mediation for Cost Savings

The majority of workplace discrimination cases settle outside of court (e.g., mediation). When a settlement is reached in prelitigation mediation, significant cost savings are possible.

5. Ask About Their Communication Style

When interviewing attorneys ask about their communication patterns to ensure their frequency and methods of communication are a match to your needs and expectations (i.e., text, email, & phone calls; response time).

6. Trust Your Intuition

You will spend a great deal of time describing highly stressful information to the attorney and potentially any staff who work within their law firm. Listen to your gut feeling. If in your first interaction you notice cues that a prospective attorney’s communication style or office culture will make you feel judged, small, or otherwise on defense, find another attorney - you need to be confident that the attorney can represent you effectively which includes developing respect, rapport, and understanding.

7. Prioritize Lawsuit Deadlines

Know what time limits you are working within to make sure you don’t miss a deadline for filing a lawsuit. Alternatively if the law governing employment discrimination in your state is 2 years post incident which just happened, you might have a bit of time to shore up your support system to help you navigate the stress of finding a lawyer and filing a lawsuit (e.g., get a therapist, find a support group, start a wellness routine, and/or tell family and friends how to support you).

If you have hired an employment attorney or if you are an employment attorney, please add additional recommendations or insights below. As noted below, options exist for negotiating severance packages without an attorney.