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Choose an employment discrimination lawyer by checking relevant employee-side experience, independently verifying the lawyer’s license and standing, and comparing the written scope, fees, expenses, and communication plan. Start promptly: filing deadlines and required agency steps can depend on your location, claim, employer, and dates.
Act quickly to check deadlines and required steps
Do not wait to choose counsel if a filing deadline may be approaching. The U.S. Equal Employment Opportunity Commission (EEOC) says many charges must be filed within 180 calendar days. In some cases, the deadline extends to 300 calendar days when a state or local agency enforces a law prohibiting discrimination on the same basis. Age-discrimination charges have a different extension condition: an age-prohibiting state law and an enforcing state agency or authority; a local law alone does not extend that deadline. The rules depend on the claim and location, so verify your situation promptly with the EEOC or a qualified lawyer rather than calculating from general guidance.
For most federal discrimination laws enforced by the EEOC, a charge must be filed before a job-discrimination lawsuit; the Equal Pay Act is an exception. Federal employees and applicants use a different process. The EEOC explains these distinctions in its federal-sector process guidance and charge-filing information. An initial consultation should establish which deadlines and procedures need immediate attention, not promise a result.
Find candidates through referrals, then verify them
Start with a state or local bar lawyer-referral service, or use the American Bar Association’s lawyer referral directory. The EEOC also points people seeking counsel to a state- and issue-organized referral directory on its lawsuit information page. A referral helps you identify someone to contact; it does not establish that the lawyer is right for your facts or guarantee that the lawyer will accept the case.
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If a referral program displays an ABA-approved logo, treat it as information about the program’s standards, not an ABA endorsement of a particular attorney. The ABA says authorized programs set objective experience requirements for panel lawyers, offer feedback and complaint mechanisms, and verify malpractice insurance; it also says it does not review each participating lawyer’s qualifications. Check the program’s current status on the ABA’s approved referral program page.
Before hiring, independently check the lawyer’s admission, standing, and available disciplinary history with the relevant state licensing authority. The ABA’s lawyer-qualification guidance explains that state authorities license and discipline lawyers. Do not rely solely on a directory listing, marketing claims, or a badge.
Rank #2
Assess experience that matches your claim
Employment discrimination is not a single procedure or case type. Ask whether the lawyer regularly represents employees, whether they handle the protected-basis or retaliation issue you describe, and whether they have experience at the stage your matter may involve: an agency charge, mediation, an administrative proceeding, or court. A lawyer should be able to explain possible routes and what facts remain uncertain without guaranteeing a settlement or victory.
The ABA recommends asking about a lawyer’s experience, client types, delegated work, and fees. Its questions for a prospective lawyer include asking what kinds of matters the lawyer handles and whether the lawyer would refer a matter outside the firm’s capability.
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Use the consultation to clarify responsibility and scope
Ask who will lead the matter, which associates or paralegals may work on it, who will answer questions, and how often you can expect updates. Then define the work you are considering. An engagement might cover a limited consultation, an agency charge, negotiation, an administrative process, a lawsuit, or some combination; do not assume one stage includes the next.
Useful questions to bring include:
- What employment discrimination matters do you handle most often, and do you represent employees in cases like mine?
- What deadlines or administrative steps should I verify immediately for my location and situation?
- What facts or documents would you need to review before discussing next steps?
- Who would be the lead lawyer, who else may work on the matter, and who should I contact with questions?
- Which tasks and stages are included in the proposed representation, and what is excluded?
- If the firm declines the matter or later withdraws, what happens next?
- How will updates be provided, and what response time should I expect?
- If this is outside your practice or capacity, can you suggest a referral service or another source?
The ABA cautions consumers to be wary of lawyers who guarantee large settlements or victory. A realistic discussion of risks and unknowns is more useful than a promised outcome; see the ABA’s consumer guidance on choosing a lawyer.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Compare the complete fee arrangement in writing
There is no universal employment-discrimination-lawyer fee or contingency percentage established here. Ask each candidate whether the proposed fee is hourly, flat, or contingent on recovery, and clarify expenses separately from attorney fees. Ask how filing fees, experts, staff time, and other case costs are treated, when they become payable, and whether you could owe costs if there is no recovery. Confirm which stages of work the fee covers and when any deductions are made.
Ask about the cost of the consultation before booking; introductory meetings may be brief, but terms vary. Before work begins, review the engagement agreement for the fee basis, expense responsibility, scope, and any provisions about ending the representation. The ABA’s guidance on lawyer fees recommends asking how the lawyer charges and what costs may be involved.
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Use a consistent comparison for each candidate
After consultations, record the answers in the same format so that a low quoted fee does not obscure a narrower scope or different expense terms. This is a practical checklist, not an objective rating system.
| Compare | What to record |
|---|---|
| Relevant experience | Employee-side discrimination work, the issue involved, and relevant case stages |
| License and standing | State authority checked and available disciplinary information |
| People doing the work | Lead lawyer, expected team involvement, and responsibility for communication |
| Scope | Included tasks and stages, exclusions, and what happens if representation ends |
| Fees and expenses | Fee basis, separate costs, payment timing, and possible amount owed without recovery |
| Availability and communication | Ability to act promptly, expected updates, response arrangements, and access needs |
| Open questions | Any deadline, process, cost, or responsibility not yet resolved |
If cost or access is a concern
Ask directly whether the consultation costs anything and whether the lawyer offers a limited-scope service. If you have limited means, the ABA recommends looking for local legal aid or legal assistance; eligibility commonly depends on location and finances. The ABA’s free and low-cost legal help information can help you locate options. A referral service can also be a starting point, but availability and screening rules differ by location.
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