No one should be subjected to workplace discrimination. Yet, it happens all the time in workplaces across our state. Employees are treated unfairly because of their age, gender, race, ethnicity and religion, and when they are, they can experience significant harm. Their careers can become stunted, their income can decrease or be lost completely, and their emotional and psychological well-being can take a hit. This is unfair and against the law, which is why if you’ve been impacted by workplace discrimination, you need to take action to protect your rights.
This very well may include filing a legal claim against your employer. But as you navigate your employment law case, there’s a good chance that you’ll find yourself in the middle of settlement negotiations. When that happens, you have to know how to get the most out of the process so that you can appropriately advocate for your interests.
How to navigate settlement negotiations in a workplace discrimination case
There are multiple ways to prepare and negotiate your workplace discrimination case. But you have to enter the process with a strong gameplan so that you have direction and purpose during settlement talks. Here are some tips that may help you along the way:
- Gather relevant documentation: There’s probably going to be some documentary evidence that supports your claim. This might include emails between you and your supervisor or the individual who discriminated against you, as well as communications with your employer’s human resources department. Make sure you have this documentation gathered and bring it with you to negotiation talks.
- Articulate witness accounts: When you sit down at the negotiations table, you need to be prepared for trial. This includes specifying what your witnesses will testify to should your case go to trial. The more detailed and articulate you can be when discussing potential witness testimony, the better. So, before heading into settlement talks, be sure to speak with each witness and document their account of relevant events.
- Know your goals: If you aimlessly walk into settlement negotiations, then you’re going to bumble about without any real conviction in your arguments. This will cause you to get pushed around and will likely lead to an outcome that’s better for your employer than it is for you. So, take the time needed to figure out what you really want out of your settlement. Is it reinstatement to your position with backpay? Is it compensatory damages for lost wages and emotional turmoil? Is it compensation to offset reputational harm? All of the above? By knowing what you’re fighting for, you’ll be more targeted in your attacks and expeditious in moving negotiations closer to what’s important to you.
- Identify your case’s weaknesses: Even if you come into negotiations with an aggressive approach supported by key evidence, you’re still going to face pushback from the defense. They’ll highlight the weaknesses of your case in hopes of convincing you to lower your settlement expectations and agree to something less than what you want. By anticipating these arguments early on, you can devise a strategy to mitigate and counter them. This will leave you in a stronger position to secure the settlement outcome that you want.
Don’t let your employer walk all over you during workplace discrimination settlement
You might think that your employer is the more powerful party in your case, which can leave you feeling like you don’t have an edge during your case, but don’t let your employer rattle your nerves. You’re the one with the compelling evidence of wrongdoing, and you’re the one that’s in a position to decide where your case goes from here. So, be confident, act with conviction and advocate for a fair and favorable outcome in your employment law case that’s just.