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Subject:
From:
Joanne Kluessendorf <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Thu, 7 Sep 2006 16:27:09 -0500
Content-Type:
text/plain
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Indigo is pretty much on the mark about the pursuit of discrimination 
suits, based on my personal experience and those of colleagues.  Even 
if the State and EEOC find merit in your case, that is no guarantee of 
a positive resolution.  Even if it gets to court, federal judges are 
mostly conservative and don't interpret the law the way we'd like.  
Even if you "win" (and that means usually an out of court settlement 
with no admission of wrongdoing) you will still owe attorney's fees.  
And that win may be years in coming, so a person needs to find a lawyer 
to take the case on a contingency basis unless you have bundles of cash 
to pay for ongoing service--but, of course, you may need that  cash 
just to live while you're out of a job and pursuing your case.  And the 
settlement will be nowhere near what a person is actually due, and that 
becomes even less after you give one-third to the lawyer and one-third 
to the IRS.  In contrast with most general law that people are familiar 
with, the burden of proof is on the victim in discrimination crimes and 
there is no prosecutorial assistance from any governmental agency.  The 
police don't come to your aid to arrest the perpetrator.  You're on 
your own.  Your case will consume hours, weeks, months of your time, 
rehashing things you'd sooner forget, listening to falsehoods about 
yourself without showing emotion, telling your story over and over 
again, teetering on an emotional precipice.  Colleagues will abandon 
you and potential employers will be suspicious of you.  If you can 
handle all this, if you have documentation and nerves of steel (and 
someone to help support you)--go for it (I did). Be sure you know what 
resolution you want (what you can live with, especially if you don't 
win).   Remember that regardless of what the law says, reality may be, 
and usually is, far, far different.

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