The answer depends on your claims and willingness to pursue litigation. If your claims are strong and you are invested in the litigation process, it can be very “worth it” to feel you are standing up for accountability, getting compensation for your injuries, and incentivizing the company to change its ways.
However, discrimination is a state of mind and, therefore, notoriously hard to prove. Sophisticated employers are well aware that discrimination is illegal. Thus, most cases are established through circumstantial evidence.
Report the harassment to your HR department or supervisor. If the issue is not resolved internally, file a complaint with the Labour Commissioner or other relevant authorities.
1. Quick and Low-Stress. In our experience, most employers and employees prefer to settle discrimination cases out of court instead of going to trial. This is because settlement negotiations are usually faster and less stressful than litigation.
Report discrimination to a local Fair Employment Practices Agency (FEPA). If the discrimination breaks both a state and federal law, the FEPA will also send your complaint to the EEOC. Use the EEOC's directory of field offices to find the FEPA near you.
The chances of winning your discrimination case can vary dramatically depending on the particular circumstances you face. When a lot of evidence has accumulated against your employer, such as emails and history of discriminatory remarks in front of multiple witnesses, your chances of winning a lawsuit are higher.
If you sue your employer, it won't be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don't have a valid legal claim against your employer, then you will ultimately lose your case. One big reason to think twice before you sue.
The chances of winning your discrimination case can vary dramatically depending on the particular circumstances you face. When a lot of evidence has accumulated against your employer, such as emails and history of discriminatory remarks in front of multiple witnesses, your chances of winning a lawsuit are higher.
Unfortunately, it can be difficult to prove a wrongful termination was due to discrimination in the workplace because the employer may claim “pretext,” or false reason for the wrongful termination.
You must file a complaint with CRD even if you wish to file a case directly in court. If you wish to go to court, you can request an immediate “right to sue” notice when you file your complaint.