What Are the Chances of Winning a Discrimination Case?

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. Additionally, we will have a better shot of recovering damages when this evidence is either direct evidence or a boatload of circumstantial evidence your employer took action against you due to a protected trait. However, at Phillips & Associates, our trustworthy New York City employment discrimination lawyers take great care during the free consultations we provide to prospective clients to determine whether a case has merit. We work hard to gather all the evidence needed to prove your case at trial and secure the greatest available damages.

Our lawyers take cases on a contingency fee basis which means we won't get paid unless we recover a settlement or verdict on your behalf. Therefore, we are motivated to build the strongest possible case on your behalf so that your chances of winning are as strong as possible.

Your Chances of Recovering Damages

Employment law is a complex area. There are distinctions between federal, state, and local laws must be considered in light of the particular facts of your case. When our attorneys pursue damages on behalf of a worker under the New York State Human Rights Law or the New York City Human Rights Law, our chances of recovering damages may be higher than they are under federal law. However, each case is different and we will need to evaluate your specific case to figure out how strong your case is and whether any defenses apply.

Due to increased conversations about discrimination, more people understand that workplace discrimination is a common problem. More people are comfortable talking about what they’ve experienced, too. The #MeToo movement, for instance, has increased people's awareness of their rights regarding sexual harassment. Scandals swirling around celebrities and powerful leaders have led to a greater understanding that remarks about sex, unwelcome sexual advances, jokes, pranks, assault, and rape are unacceptable in the workplace.

Increased public awareness improves your odds that a jury will understand the extent to which sexual harassment on the job has negatively impacted you. This climate of understanding, in turn, improves the chances that, with knowledgeable legal counsel, you may be offered a fair settlement by your employer.

State and Local Laws

The New York State Human Rights Law and the New York City Human Rights Law protect a broad range of different characteristics. In most cases, your chances of winning your employment discrimination lawsuits are higher under these two laws than they are under federal law. The state law has been amended to cover employers that have just one employee and provide protection in line with the city law. However, courts have not developed as strong a body of case law under this amended law yet as they have under city law. Accordingly, it is very difficult to predict your chances of winning a discrimination lawsuit.

The New York City Human Rights Law has long been interpreted liberally. It provides strong protections for workers of employers that have at least four employees when they are discriminated against due to any of the following protected characteristics:

  • Age
  • Disability
  • Veteran status
  • Religion
  • Sexual orientation
  • Race
  • Creed
  • Pregnancy
  • Lactation accommodations
  • National origin
  • Gender
  • Gender identity
  • Marital status
  • Caregiver status
  • Arrest or conviction record
  • Credit history
  • Domestic violence victim status
  • Preemployment marijuana testing
  • Sexual and reproductive health decisions.

Case law related to sex and race discrimination are well-developed under city law. You may have strong odds of winning in a case involving explicit discriminatory statements by an employer or coded language that is well recognized or eyewitnesses. You may have good chances of winning a discrimination case that involves sexual harassment and retaliation where other people witnessed the harassment, a paper trail exists, or a police report was created.

Chances of Winning Under Federal Law

Federal laws regarding workplace discrimination are more stringent than state and local laws. For example, you would only be entitled to reasonable accommodations for pregnancy under federal law if your employer has at least 15 employees and your employer provided reasonable accommodations to other workers with temporary disabilities, but denied you one, even though providing one wouldn’t have presented it with an undue hardship.

Strong Evidence Improves Your Chances of Winning a Discrimination Case

Your chances of winning are greater if you have evidence and documentation to support your discrimination claim. Evidence may be direct or circumstantial. As a worker with a potential claim, you would be well-advised to document discrimination or harassment as it occurs. You should keep a diary of what your employer says and does that you believe is discriminatory. You should save any emails or written correspondence from your employer. After filing a complaint, we will keep digging into your employer’s conduct to find all available evidence. We may be able to obtain your personnel files and emails related to you that could go towards establishing your entitlement to recover damages. We will take depositions as appropriate.

Hire a Seasoned Employment Discrimination Lawyer

If you are wondering, “What are the chances of winning a discrimination case?” you should call our seasoned New York City employment discrimination lawyers. Phillips & Associates represents workers who have been discriminated against in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, Suffolk County, or Nassau County. Call us at (866) 229-9441 or complete our online form.

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