If you're facing workplace discrimination, you probably know you need legal help, but you may not be sure how to get a lawyer or whether you can afford one.
The good news: many employees pay nothing, because they're represented on contingency. But contingency isn't the only option, and it's not always the right one.
Which is why this guide explores all of your options from contingency lawyers to filing with civil rights agencies and everything in between.
1. Contingency Fee Lawyers
What it is: Contingency lawyers don’t charge anything upfront. Instead, they only get paid if you win or settle your case. Their fee is typically a percentage of your total recovery — usually between 30% and 40%.
Pros:
No upfront cost to hire the lawyer
If you lose, you don’t owe anything
Lawyer is financially motivated to win or negotiate the highest possible settlement
Cons:
Lawyers only take cases with clear financial harm (e.g., lost wages or benefits)
Cases based solely on emotional distress or unfair treatment are often declined
These lawyers are highly selective and competition for representation is steep
Best for:
Cases involving clear financial damage, such as wrongful termination, demotion, or denied promotions with significant income loss.
Not great for:
Employees seeking help to stop ongoing discrimination or prevent future harm as contingency lawyers usually take cases after serious financial harm has occurred.
Buyer Beware:
Some lawyers — especially those at larger firms — may agree to contingency representation only for the negotiation phase. If negotiations fail and you want to move forward with a lawsuit, there’s no guarantee they’ll continue to represent you.
2. Hourly or Retainer-Based Lawyers
What it is: You pay the lawyer an hourly rate or a flat retainer fee upfront, and the lawyers bill you for time spent on your case.
Pros:
More control over strategy and decisions
No need to prove financial harm to get support
Willingness to take on complex, nuanced, or early-stage cases
Cons:
High hourly rates, often ranging from several hundred to over a thousand dollars per hour
No guarantee of a win, settlement, or resolution
Lawyer may be less invested in the outcome since they’re paid regardless of results
Best for:
Clients who can afford to pay out-of-pocket and want direct, flexible legal support — especially in cases that are ongoing, preventive, or less clear-cut.
Not great for:
Employees who would be financially burdened by the upfront costs, especially since retainers often don’t cover the full scope of support needed for negotiations or litigation.
Buyer Beware:
Because hourly or retainer-based lawyers are paid regardless of outcome, they may take your case even if your chances of success are slim. It’s up to you to assess whether the potential outcome justifies the financial investment.
3. Hybrid Fee Lawyers
What it is: Hybrid lawyers combine elements of both contingency and hourly billing. For example, they might charge a reduced hourly rate or a flat fee upfront, then take a smaller contingency percentage if the case settles or wins.
Pros:
Lower upfront costs than full hourly representation
Lawyer has some financial incentive tied to a successful outcome
More flexibility if your case is strong but doesn’t involve major financial damages
Cons:
Still requires some upfront payment
It’s not common and may be hard to find
Terms vary widely, so you must read the contract carefully
Best for:
People who don’t qualify for full contingency but still need affordable access to legal support — especially in cases with merit but lower financial damages.
Not ideal for:
Those unable to pay anything upfront or those expecting full representation without any personal financial risk.
Buyer Beware:
The hybrid model can look very different depending on the lawyer or firm. Make sure you review the language in the contract for upfront payment, lawyer’s percentage if you win and any potential additional fees that could be charged to you in the future.
4. Flat-Fee Services
What it is: Some lawyers offer fixed-price packages for specific, one-time services — like drafting a demand letter, reviewing a severance agreement, or providing a one-time coaching session for negotiation or internal complaints.
Pros:
Transparent pricing with no surprise bills
Affordable access to legal expertise for specific needs
Ideal for individuals who want legal guidance without committing to full representation
Cons:
Support is limited to the agreed-upon service — no ongoing help
Doesn’t include strategy, escalation, or responses if things don’t go as planned
You may still need to pay for further legal help depending on how your employer responds
Best for:
People who feel confident handling employer interactions but want a legal review before proceeding with sending a document or making a decision. Also good for those early in the process and gathering information before deciding on full representation.
Not ideal for:
Anyone who is unprepared to handle pushback, escalation, or silence from their employer.
Buyer Beware:
Flat-fee services are transactional. Once the document is delivered, you’re usually on your own. If your employer reacts poorly or ignores your outreach, it can weaken your position or backfire if you’re not prepared (or financially able) to follow through with the next legal step.
5. Legal Aid and Nonprofits
What it is: Some organizations offer free or low-cost legal assistance for workers experiencing discrimination, especially if your income is below a certain level.
Pros:
Free or very affordable if you qualify
A potential lifeline for individuals who can’t afford a private attorney
Can be a good first step for understanding your rights and options
Cons:
Limited staff and resources
Often only accept clear-cut or urgent cases
May not offer full representation or long-term legal support
Best for:
Low-income individuals or those in the early stages of a workplace discrimination issue who are seeking legal advice or basic assistance.
Not ideal for:
Workers with complex or borderline cases, higher incomes, or those who need immediate, ongoing, or aggressive legal representation.
Buyer Beware:
Due to high demand and limited funding, legal aid groups must be selective. Even if you qualify financially, they may not have the capacity to help or may turn you away if your case isn’t seen as strong enough. It’s important to have a backup plan in case you’re not accepted.
6. Union or Professional Association Support
What it is: If you’re part of a union, you may have access to legal advice or help filing grievances. Some professional associations and advocacy groups also offer legal resources, particularly for issues within their scope.
Pros:
Free or included as part of your union dues or membership
Can help resolve issues internally without needing to pursue a lawsuit
Familiarity with your workplace policies and history
Cons:
Scope is often limited to contract violations or internal grievances
May not pursue external legal action or represent you in court
Prioritization may lean toward protecting the collective over the individual
Best for:
Unionized employees or professionals seeking support within their organization before escalating legally.
Not ideal for:
Workers who need immediate or aggressive legal intervention, or who are facing discrimination that the union may not recognize or prioritize.
Buyer Beware:
Unions and associations may be limited in how far they’re willing or able to go—especially if your issue challenges leadership, fellow members, or long-standing policies. In some cases, they may discourage legal escalation to preserve internal relationships or avoid broader conflict. Always ask about their limits before relying solely on their support.
7. EEOC or State-Based Civil Rights Agency
What it is: The Equal Employment Opportunity Commission (EEOC) and state-level civil rights agencies allow employees to file a discrimination charge for free, without a lawyer. An investigator reviews your claim and may attempt to mediate a resolution between you and your employer. If the agency closes your case without resolution, they can issue a "right-to-sue" letter, which is required before you can file a federal discrimination lawsuit in court.
Pros:
Free to file with no attorney required
Opens the door to federal court if the agency can’t resolve your case
Creates an official record of your claim early in the process
State agencies sometimes offer broader protections than federal law
Cons:
Agencies are understaffed and investigations can take months or years
The EEOC resolves very few cases in the employee’s favor
Filing does not guarantee any financial recovery or resolution
You are largely on your own when presenting your case to the investigator
Best for:
Employees who want to create an official record of their employer’s discrimination, obtain their right to sue, or explore resolution without the cost of hiring a lawyer.
Not ideal for:
Anyone expecting the agency to build their case or discover evidence on their behalf. The investigator is not your personal advocate or legal representative. Their role is to act as a neutral evaluator and to make a decision on whether or not your discrimination claims have merit based on the information you and your employer provide them.
Buyer Beware:
Deadlines are strict and missing them can permanently close off your legal options. In most states you have 300 days from the discriminatory act to file with the EEOC, but in some states it’s as few as 180 days. If the agency issues a right-to-sue letter, you have just 90 days to file a lawsuit in federal court. These clocks don’t pause while you’re deciding what to do, so if you think you may want to pursue legal action, file sooner rather than later.
Finding the Right Fit
No single option is right for everyone. The best path depends on where you are in the process, how strong your evidence is, and what you can afford.
If you’ve experienced clear financial harm — a termination, demotion, or lost promotion — a contingency lawyer may be worth pursuing first. If you’re still employed and trying to stop ongoing discrimination, flat-fee services or an hourly consultation may be a better starting point while you build your case.
Whatever path you take, don’t assume the first lawyer or organization you contact is your only option. Most people contact multiple firms before finding representation, and each conversation — even a rejection — can help you understand how to better present your case the next time.
Not sure if what you’re experiencing is discrimination?