Employment Discrimination Case

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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Most Common Employment Law Issues:

How to Prove an Employment Discrimination Claim

There are several requirements for proving that you have been unlawfully discriminated against. These will differ depending on the kind of discrimination you experienced, but generally consist of:

Federal Age Discrimination Laws and Agencies

The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws. Generally, you must file a claim with the EEOC to sue in federal court. The filing deadline is usually 180 days after the discriminatory act, but is 300 days if you must first file a claim with a state agency. Since EEOC resources are often limited, it often issues "right to sue" letters that allows you to hire a private lawyer and pursue your claims in federal court.

State Age Discrimination Laws and Agencies

Most states have their own employment discrimination laws and enforcement agencies whose filing deadlines vary. The EEOC refers to such agencies as Fair Employment Practices Agencies (FEPA's).

Do I Need an Employment Lawyer?

Employment discrimination claims are complicated because procedural laws vary depending on where and when you file your claim. An employment lawyer can help you determine if you have an employment discrimination case, and also help you with EEOC and FEPA filing deadlines. Also, because agencies will not get to your claim immediately, a lawyer can help you investigate and pursue alternative remedies. It is also a good idea to see a lawyer before signing a waiver or other severance package. If you are being sued for employment discrimination, you should speak to a lawyer immediately.

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Last Modified: 07-23-2014 01:49 PM PDT

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