At the outset of a case I advise my clients to consider the costs of waging such a legal battle. I advise them to weigh all of the costs, professional, financial, physical, and emotional. The professional costs will largely depend on the nature of the profession, the size of the community, and the career stage of the employee or job seeker. In cases of imminent discharge the employer may retaliate and terminate the employee immediately, which could give my client a stronger case. On the other hand, the employer might be extra careful not to appear to retaliate, which might give my client an opportunity to maintain employment.
Retaliation comes in many forms, subtle and blatant.
It can mean employment's being terminated or an employee's being skipped over for promotions, being assigned duties which do not lend themselves to career advancement, or being blackballed and labeled a troublemaker. The possibility of retaliation may not be a serious concern for an older person who is fired near the end of a high-paying career. For the older person in this example, the cost of retaliation is relatively small, and there is a potentially large benefit if the legal battle is successful. However, for the young person in this example there is a real risk of retaliation since the person may acquire a reputation as a troublemaker and since there is probably only a small potential benefit. I have seen people who file successful grievances over relatively small employment issues later turned down for promotion and given less desirable job duties.