Can I get my lawyer paid for by the company if I win my discrimination case?

The situation

I am currently living in Ohio and I am dealing with a really difficult situation regarding my former employer. Back in March of last year, I was working as a supervisor at a large retail warehouse, but I was suddenly let go after I reported that my manager was treating me differently because of my religious practices. I tried to resolve this through their internal HR department back in April, but they basically ignored my complaints and told me my performance was the issue. Since then, I have been looking for legal help because I know my rights were violated. I recently met with a local attorney to discuss filing a lawsuit for civil rights violations. The lawyer told me that if we take this to court and I actually win the case, the judge might be able to order the company to pay for my legal bills and the costs of hiring an expert witness to testify for me. However, I am really worried about the upfront costs because I have been out of work for over a year and my savings are almost gone. I am unsure if the court actually has the power to make the company cover my attorney's fees and expert costs, or if I will be stuck paying those thousands of dollars out of my own pocket even if I win.

Detailed Analysis

Based on the facts of your situation, you are seeking to file a lawsuit for civil rights violations regarding religious discrimination. Under federal law, if you are the 'prevailing party'—which means the person who wins the case—the court has the authority to make the company pay for your legal expenses.

Specifically, for actions involving certain civil rights protections, the law states that "the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs"^[1]. This means that a judge has the power, but is not strictly required, to order the retail warehouse to pay your lawyer. The word 'discretion' means the judge decides based on what they think is fair in your specific case.

Regarding your concern about the expert witness you mentioned, the law also addresses these costs. In certain proceedings, "the court, in its discretion, may include expert fees as part of the attorney’s fee"^[1]. This means the judge can include the cost of that expert in the total amount the company is ordered to pay.

Additionally, for cases brought under the Americans with Disabilities Act or similar chapters, the law provides that "the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee, including litigation expenses, and costs"^[2]. This covers the various expenses you might incur during a lawsuit.

It is important to understand that because these awards are at the judge's discretion, there is no absolute guarantee you will be reimbursed. You should discuss with your attorney whether they work on a 'contingency fee' basis, which is an arrangement where the lawyer only gets paid if you win, to help manage your current lack of savings.

Statutory Citations

Related Questions

• Can I sue my employer for disability discrimination in Florida?
• Can I fight a government wage order in court if I live in Puerto Rico?
• Can I get a discount on my visa fee if I am volunteering for a charity in the US?
• Can my local housing office work with the federal government on my discrimination claim?
• How long do I have to sue my landlord for discrimination?