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Look for a lawyer who is licensed in the relevant jurisdiction, represents employees, and regularly handles workplace discrimination claims. In the United States, filing deadlines can be short, so contact a lawyer and check the appropriate agency process promptly; do not wait until you have assembled every document.
Start by identifying the right jurisdiction and any urgent deadlines
Before contacting lawyers, note where you worked and where the alleged conduct occurred, who your employer is, what happened, and when. Also record whether you have contacted or filed with the Equal Employment Opportunity Commission (EEOC) or a state or local agency. These details help identify the applicable law, referral service, and possible filing route. They are not enough on their own to calculate an individual deadline.
If you are a federal employee or applicant, say so at the outset: federal-sector workers generally follow a different complaint process from most private-sector and state or local workers.
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Use a local bar referral service to build a candidate list
The American Bar Association (ABA) lawyer-referral directory can help you find state or local bar referral services by city and state. When you contact a service, ask for an employee-side lawyer with experience in employment discrimination and, if known, the type of claim involved. A referral is a starting point, not an endorsement or proof that a lawyer is the right fit.
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Verify licensing and practice fit
Employment law covers a broad range of work, and lawyers in the field may represent employers or employees. Check the lawyer’s current license status with the relevant state licensing authority, then ask directly whether they represent workers and handle discrimination claims in the jurisdiction where your matter belongs. Ask whether they have experience with the circumstances or claim type you describe.
Prepare a concise consultation packet
A clear timeline can make an initial conversation more useful. Keep it factual and brief; you do not need to decide the legal meaning of events before speaking with a lawyer.
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- Employer name and work location.
- Your job title and employment dates.
- Key events and dates, including termination, demotion, denied promotion, refusal to hire, or other actions you believe were discriminatory.
- What reason the employer gave, when it gave that reason, and who communicated it.
- Any internal complaint, accommodation request, response, or contact with an agency.
Gather relevant records such as messages, policies, performance documents, accommodation communications, and agency notices. Preserve originals. Do not access employer systems or records without authorization; ask the lawyer how to share sensitive material securely.
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Ask these questions before deciding whom to hire
- Do you represent employees, and how often do you handle workplace discrimination matters like this one?
- Are you licensed to handle a matter arising from this work location?
- What additional facts or documents would you need to assess the situation?
- Are there immediate agency steps or deadlines I should check?
- What work would you handle, and who would do the day-to-day work on the matter?
- How will you communicate with me, and who should I contact with questions?
- What are your fees and expenses, and what written engagement terms would apply?
- Is the first consultation free or paid?
Ask about the cost of the initial meeting before scheduling it. Consultations are not always free; both the ABA and the U.S. Department of Labor advise prospective clients to ask about fees.
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Compare candidates on evidence, not promises
If you speak with more than one lawyer, compare what each tells you about the following points. A confident prediction or an advertisement is not a substitute for relevant experience and a clear explanation.
| What to compare | What to listen for |
|---|---|
| Employee-side discrimination experience | Specific experience representing workers in discrimination matters, rather than employment law in general. |
| Jurisdiction and claim familiarity | A clear account of whether the lawyer handles matters in the relevant jurisdiction and understands the circumstances you described. |
| Assessment and next steps | An explanation of what is known, what remains uncertain, and what information or immediate action may matter. |
| Staffing and communication | Who will handle the work and how you can expect to receive updates or get questions answered. |
| Fees and expenses | A plain explanation of costs and written engagement terms before you decide whether to hire the lawyer. |
Understand the filing process without assuming a consultation is a filing
For most federal employment-discrimination laws enforced by the EEOC, a person generally must file a charge before bringing a private lawsuit; the Equal Pay Act is an exception to that requirement. The EEOC’s general deadline is 180 calendar days after the alleged discriminatory act. It can extend to 300 days when a state or local agency enforces a law prohibiting discrimination on the same basis. Age-discrimination claims have a more specific extension rule: the 300-day period depends on state law and a state agency, not merely a local law.
The applicable route and deadline depend on the claim, dates, employer, location, and agency history. The EEOC Public Portal can be used to submit an inquiry and schedule an intake interview. Some state and local fair employment practices agencies (FEPAs) have work-sharing arrangements, under which a charge filed with one agency may be dual-filed. Check the relevant official agency process promptly if time may be short.
An intake conversation or lawyer consultation is not itself an EEOC charge. The EEOC states: “This consultation does NOT constitute the filing of a charge of discrimination.” If a filing deadline is fast approaching, the EEOC advises contacting 1-800-669-4000 to ask for an immediate interview. Continue looking for counsel in parallel rather than treating that search as a filing.
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