When Do You Need an Employment Discrimination Lawyer Near Me?
You might need an employment discrimination lawyer if you believe you’ve been discriminated against by your employer based on protected grounds such as your race, colour, nationality, ethnic origin, religion, disability, age, sex (including pregnancy), sexual orientation, marital status, family status, or a conviction for which a pardon has been granted.
Other situations may include being denied reasonable accommodations for a disability or for religious practices, experiencing retaliation for filing a discrimination claim, or facing a poisoned work environment due to discrimination. If you are unsure about your situation, it is advisable to consult with an employment lawyer.
Discrimination in the Workplace
Discrimination at work can take many forms in Canada. It may involve being denied a job or promotion, being paid less than others doing the same job, being subjected to different or unfair treatment, or even losing your job, all based on a characteristic protected by the Canadian Human Rights Act. Discrimination can also be less overt, such as an employer consistently giving preferential treatment or more favourable assignments to employees of a certain race.
Protected Characteristics
Canadian law, specifically the Canadian Human Rights Act, protects employees from discrimination based on certain characteristics. These include race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, and a conviction for which a pardon has been granted or a record suspended. Some provinces or territories also offer additional protections.
Reasonable Accommodations
Under Canadian law, employers are required to provide reasonable accommodations for employees with disabilities and those who need accommodations for religious practices unless doing so would cause undue hardship for the employer. If you have requested such an accommodation and have been denied, or if you have been retaliated against for making such a request, you might need an employment discrimination lawyer.
Retaliation
It’s also illegal for employers in Canada to retaliate against employees who have asserted their rights under anti-discrimination laws. This means that if you have filed a discrimination complaint, participated in a discrimination investigation or lawsuit, or opposed discriminatory practices, your employer cannot fire you, demote you, harass you, or otherwise treat you unfavorably because of these actions.
Poisoned Work Environment
In Canada, a poisoned work environment is created when unwelcome comments or conduct based on a protected characteristic are so severe or pervasive that they affect an employee’s work environment, duties, or employment status. It can include offensive jokes, slurs, name-calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. If you find yourself in such a situation, consulting with an employment discrimination lawyer would be beneficial.
How Much Does It Cost to Hire an Employment Discrimination Lawyer in Canada?
Lawyers may charge by the hour, with rates that can range from around CAD$150 to CAD$500 per hour or more. Some lawyers may offer a free or low-cost initial consultation to discuss your situation and help you understand whether you have a viable case.
In certain cases, a lawyer might agree to work on a contingency fee basis, meaning they will only get paid if they win your case. The fee is typically a percentage of the settlement or judgment. Contingency fees can vary, but they are often between 25% and 40% of the award.
What to Look For in a Employment Discrimination Lawyer?
When looking for an employment discrimination attorney, you should consider their background and experience in employment law and, specifically, in handling discrimination cases. Look for someone who understands the laws applicable to your situation, has a strong track record, communicates well, and treats you with respect. Reading reviews, checking their standing with your local bar association, and getting referrals can also be helpful.
How to Prepare for Your Consultation With a Employment Discrimination Lawyer?
Before your consultation, gather and organize all relevant documents, such as employment contracts, employee handbooks, emails, or other correspondence that might demonstrate discrimination. Make a timeline or a detailed account of the incidents of discrimination. Be prepared to discuss your goals for the case. Write down any questions you have for the attorney to ensure you don’t forget to ask them during the consultation.
Where to Find the Best Employment Discrimination Lawyers in Canada?
LegalMatch is an online service that can help you find a pre-screened employment discrimination lawyer in your area. You submit your case details through their platform, and they match you with attorneys who are interested and qualified to handle your case. It’s up to you to review their profiles, reviews, and fee structures to decide who you’d like to contact. You can also ask for referrals from friends, colleagues, or other professionals or contact your local bar association’s lawyer referral service. Always be sure to research any attorney before hiring them.
