Should I Hire a Private Attorney for My Workplace Discrimination Case?

Question from Chance, Should I Hire a Private Attorney for My Workplace Discrimination Case?

Answer from AI:

In situations like yours, where you feel you’ve been subjected to discriminatory behavior, it’s important to understand both your legal rights and the practical steps you can take. The Minnesota Department of Human Rights (MDHR) has already taken up your complaint, which is a positive sign, but the ongoing federal government shutdown may raise concerns about delays. Below is a concise guide to help you decide whether to involve a private attorney and what to expect next.

Your Legal Protections

• Minnesota Human Rights Act (MHRA) – Prohibits employment discrimination based on disability, which includes mental health conditions. Comments such as “you’re crazy” or urging you to “get back on your medication” can be evidence of disability‑based harassment if they relate to a known or perceived condition.
• Federal protections – The Americans with Disabilities Act (ADA) also covers similar conduct. While the MDHR handles state‑level enforcement, the U.S. Equal Employment Opportunity Commission (EEOC) can investigate parallel federal claims.

What MDHR Does

• Investigation – MDHR will gather evidence (your video, witness statements, medical records) and may attempt mediation between you and your employer.
• Enforcement – If they find merit, they can order remedies such as reinstatement, back pay, or policy changes.
• Impact of shutdown – Essential services like investigations often continue, but administrative processing and hearings may be delayed. It’s wise to confirm the current timeline directly with MDHR.

Reasons to Consider a Private Attorney

1. Specialized expertise – An employment‑law attorney can assess the strength of your case, advise on both state and federal claims, and help you navigate procedural nuances.
2. Speed and advocacy – Private counsel can push for quicker action, file motions, or negotiate settlements while government agencies may be slower due to staffing constraints.
3. Representation in litigation – If the case proceeds to court, you’ll need an attorney to argue on your behalf.

Potential Drawbacks

• Cost – Attorneys may charge hourly fees or work on a contingency basis. Many offer free initial consultations, so you can gauge the financial impact early.
• Overlap with MDHR – Government agencies often have more investigative resources. Your attorney can coordinate with MDHR rather than duplicate efforts.

Practical Next Steps

1. Contact MDHR

   • Ask for an update on your case’s status and any expected delays due to the shutdown.
   • Confirm whether they need additional evidence or documentation from you.

2. Schedule a consultation with an employment‑law attorney

   • Look for lawyers experienced in disability discrimination under both the MHRA and ADA.
   • Bring the video, any written communications, and notes on the incident to the meeting.

3. Preserve evidence

   • Keep the original video file intact, note the date and context, and store it securely.
   • Document any subsequent remarks or retaliation from your employer.

4. Consider filing a federal claim

   • If you haven’t already, you may file a charge with the EEOC within 180 days of the incident. An attorney can help you decide whether a parallel federal claim is advisable.

Resources

• Minnesota Department of Human Rights – Provides detailed guidance on filing and the investigation process.
• U.S. Equal Employment Opportunity Commission (EEOC) – Offers information on federal disability‑discrimination protections and how to file a charge.

Because each case has unique facts, the best course of action will depend on the specifics of your situation, the severity of the employer’s conduct, and any potential retaliation you might face. Consulting a licensed attorney will give you personalized advice and ensure that both state and federal avenues are pursued effectively.