How An Employment Lawyer Guided Me Through a Discrimination Claim
Lawyer Magazine

How An Employment Lawyer Guided Me Through a Discrimination Claim
Navigating the complex landscape of workplace discrimination claims requires expertise; this article provides that necessary guidance. It offers a comprehensive breakdown on how to handle harassment claims, drawing on the knowledge of seasoned employment lawyers. Readers will gain the know-how to document situations properly, collaborate with legal professionals, and take swift action for a fair resolution.
- Overcoming Workplace Harassment Through Personal Growth
- Legal Experts Ensure Fair Investigations
- Document Everything When Filing Harassment Claims
- Collaborate Effectively with Employment Lawyers
- Swift Action and Legal Guidance Resolve Harassment
Overcoming Workplace Harassment Through Personal Growth
Early in my legal career, I got my dream job representing women in sexual harassment lawsuits. The problem was that one of my bosses was sexually harassing me at the same time.
This was a very embarrassing problem for me at the time. I thought I was tough and smart. I was a lawyer for crying out loud! I should be able to solve this problem. But, I realized that I knew how to file a lawsuit after someone was fired for reporting sexual harassment, but that knowledge did not help me stop someone who had significantly more organizational power than me from touching me every time I saw him. I went to other lawyers to ask for help and they said, "You know, that sounds really bad. Maybe you should quit." But, for me, quitting meant giving up a career I had invested years and hundreds of thousands of dollars in building.
I thought, "The human brain has invented the iPhone. In the realm of all possibility, there has to be a way to get someone in power to stop touching you." And, still, I could hear the sound of my heart beating over the sound of the podcast I was listening to, knowing that I was walking to work and would likely work late into the evening, not knowing if it was safe.
After about a year of looking for solutions, I found tools that worked. Of all places, I found them through life coaching. The thought management and boundaries information I learned helped me change my power dynamic so much within our office that I was able to stop the harassment. My harasser apologized, and we were able to work together safely and effectively for years after.
Now, I work with people through legal and practical strategies to do the same. Most attorneys will only work with employees who have already been terminated or, on the employer side, provide legal information about what conduct is most likely to cause legal liability. Because of my experience as someone who went through a harassment experience, but also as a business owner, now, myself, I have been able to help mission-driven businesses and professionals resolve these issues without it becoming a litigation nightmare.
My book, Career Defense 101: How to Stop Sexual Harassment Without Quitting Your Job, is available at erisresolution.com, and goes into more depth about the strategies I see work in these situations.

Legal Experts Ensure Fair Investigations
To be really honest, working with an employment lawyer has been essential in resolving discrimination and harassment claims across multiple companies. In several cases, we brought in legal experts to ensure fair investigations, proper documentation, and compliance with labor laws.
One particular case involved a harassment complaint where tensions were high between employees. Instead of handling it solely in-house, we engaged an employment lawyer to conduct a neutral third-party investigation, ensuring all voices were heard while protecting the company from potential legal risks.
Their guidance helped clarify company policies, mediate discussions, and implement stronger anti-harassment training programs. As a result, the company not only resolved the dispute fairly but also reduced similar complaints in the following year.
My biggest advice? Don't wait until an issue escalates--having legal counsel proactively involved in HR policies and compliance can prevent major problems before they arise.

Document Everything When Filing Harassment Claims
I once worked with an employment lawyer when I faced a situation where discriminatory remarks and unfair treatment led me to file a formal harassment claim. The process involved meticulously documenting every incident, gathering corroborative evidence, and filing a complaint with the appropriate regulatory bodies. My lawyer guided me through each step--from initial consultations to drafting legal documents and representing my interests during mediation--ensuring that I fully understood my rights and the legal procedures involved.
My key advice for anyone in a similar situation is to document every detail from the outset, even if the incidents seem minor. Early legal consultation is crucial; an experienced employment lawyer can provide clarity on your options, help you navigate the complexities of the legal system, and empower you to advocate for your rights effectively.
Collaborate Effectively with Employment Lawyers
As HR Consultants, my team and I work alongside employment lawyers on a regular basis, including collaborating on the management of claims of workplace discrimination and harassment. Our experience has been overwhelmingly positive. Here are three quick pieces of advice that I'd give to business leaders, HR professionals, or other consultants who want to do the same:
First, understand attorney-client privilege so that you can act accordingly, in the best interest of the organization.
Second, ensure that you share all relevant information and documentation with your attorney (even if what you're sharing with them doesn't "look good"). Your attorney can only help you if they have all relevant information.
Lastly, I'd suggest before you ever have to test out what it's like to work with an attorney, develop comprehensive in-house policies and procedures related to discrimination and harassment complaints so that you're not caught off guard when one does arise.

Swift Action and Legal Guidance Resolve Harassment
Yes -- I had an experience where working with an employment lawyer was absolutely critical in navigating a harassment claim within the company. A team member came forward with concerns about inappropriate behavior from a colleague in a supervisory position. It was a highly sensitive situation that required immediate and careful handling to protect everyone involved -- legally, ethically, and emotionally.
The first step was contacting an employment lawyer with expertise in workplace investigations. They helped us assess the situation objectively and quickly outlined the necessary steps to ensure compliance with labor laws and internal policy. This included advising us on proper documentation, initiating a neutral third-party investigation, and temporarily separating the individuals involved to prevent further conflict.
The lawyer also guided us in communicating with the team -- how to acknowledge the seriousness of the issue without breaching confidentiality or making assumptions. They reviewed every written communication to ensure it was legally sound and fair. Throughout the process, their presence helped reduce risk, maintain transparency, and demonstrate to our employees that the company takes such claims seriously and handles them responsibly.
The case was resolved internally with appropriate disciplinary action and, more importantly, a renewed focus on creating a safer, more respectful work culture. We followed up with additional training and reviewed our HR procedures to make sure they were up to date and clearly communicated.
My advice to others: Don't try to handle it all on your own -- no matter how well-intentioned you are. Bring in a qualified employment lawyer as soon as a discrimination or harassment claim is raised. It's not just about legal protection; it's about ensuring a fair, ethical process that protects all parties and upholds the integrity of your workplace. Acting quickly and professionally sends the right message -- to the person affected, the team, and the broader culture of your company.
