Frequently Asked Questions

You may have a valid claim if you believe your employer treated you unfairly or unlawfully based on a protected characteristic, such as your race, sex, age or disability — or you have been retaliated against for raising concerns about illegal or suspicious activity, or you were not paid earned wages or overtime. It is important to note that simple teasing or an isolated, insensitive remark does not meet the legal definition of work discrimination.

Wondering if you have a discrimination case? Take a look at this list of 10 warning signs of workplace discrimination for more information.

In order to prove discrimination in a court of law, it takes more than producing evidence or personal testimony. Your employment rights lawyer must clearly show how your case meets the legal criteria of workplace discrimination, which includes four key components:

• Belonging to a protected class of workers
• Meeting reasonable expectations for job performance
• Experiencing an adverse employment decision, such as being fired
• Proving your employer’s adverse action had discriminatory intent

To prove your case, your legal team must demonstrate that your employer’s actions were not just isolated incidents, but a pattern of discriminatory behavior. Read more about how to prove discrimination at work.

If you have experienced work discrimination, or any other questionable or unlawful behavior, you have the right to consult an attorney at any time. Typically, the first step in pursuing a lawsuit against your employer is to follow any company policies for reporting concerns, such as filing a complaint with Human Resources (HR). It can be helpful to consult with an employment rights attorney before taking internal action, particularly if you have any concerns about harassment, intimidation or retaliation. Complete our intake form to request a consultation.

We strongly recommend reaching out to an employee rights attorney for guidance before taking action. To pursue a discrimination lawsuit, you generally need to file a claim with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory act. An attorney can advise you on the strength of your case and submit a charge of discrimination on your behalf. If your claim is not successfully resolved by the EEOC, or if they do not take action within 180 days, your legal team can then request a Right to Sue letter authorizing you to move forward with a lawsuit.

• See our step-by-step guide: How to File an Employment Discrimination Lawsuit.

The value of a discrimination case depends on the unique details of your situation, including:

• Lost wages and benefits (back pay)
• Future lost income (front pay)
• Compensation for emotional distress and/or pain and suffering
• Punitive damages for an employer’s malicious conduct
• Attorney’s fees and legal expenses

Need guidance on what to ask for in a discrimination settlement? No two cases are alike. The best way to understand what your case may be worth is to request a consultation with an employment discrimination attorney in North Carolina or South Carolina. 

At Herrmann & Murphy, our attorneys bring robust courtroom experience and a dedication to the rights of employees in North Carolina and South Carolina — and we focus exclusively on representing employees, so you know your interests are front and center. See our firm results and client testimonials to learn more about what it looks like to work with Herrmann & Murphy for your employment discrimination case.