Address workplace discrimination with actionable steps to protect your rights and improve your work environment. Gain insights into effective strategies and legal options.
By Brad Nakase, Attorney
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Dealing with job discrimination is a difficult and exhausting experience. You look forward to getting home from work every day to escape the toxic, damaging behavior, and you hate going to the office because you know what’s in store for you. It is intolerable to have to deal with employment prejudice even for a single day, much less endure it on a daily basis. Just so you know, you don’t have to put up this kind of illegal and wrong behavior on the job. If someone treats you poorly because of your gender, sexual orientation, religion, race, or any other legally protected trait, you can do something to stop it and make them pay.
Proactively confronting workplace prejudice requires guts and planning to ensure a favorable outcome. If you are experiencing workplace discrimination, here are seven steps to take. You should consult a seasoned employment lawyer about your case before attempting any of the following.
Telling the harasser to stop is usually the best first move, especially if the harassment involves a type of discrimination you’re experiencing (but only if you feel safe doing so). By speaking out against the discriminatory behavior, you are sending a clear message to the offender that what they are doing is unacceptable and that you do not want it to continue.
Keep in mind that the wrongdoing could still persist or even worsen even after you raise your voice in protest. However, if you initially raised an objection to the wrongdoing, it may be more difficult for the employer to argue that the primary offender’s actions continued because they were unaware they were hurting anyone.
It is one thing to say that you were the victim of discrimination, but it is another to provide evidence of it. Before attempting the former, you should ensure that you are capable of completing the latter. Document all instances of discrimination, including the date, time, place, and specifics of the remarks or actions made. Make a note of the identities of anyone who could have witnessed the behavior. Keep all correspondence reflecting or relating to the prejudice, including but not limited to emails, memoranda, texts, social media messages, voicemails, and so on.
Your chances of having your claims given the attention and action they merit increase in proportion to the amount of proof you provide.
A word of warning:
A policy against discrimination in the workplace and a system for reporting instances of such behavior may already be in place at your organization. You can find these displayed in a communal location, like a break room, or in employee handbooks or HR manuals. As part of your first attempt to resolve the issue and get relief, it is crucial to understand and follow those steps (to the best of your ability given the circumstances).
Communicate your grievances to the HR division of your company. Your report should preferably be written. Get together with the HR manager or department at your workplace to go over the situation. Be ready to provide a detailed account of each incident and provide any relevant documentation. Human Resources needs to look into your issue and do something about it. Obviously, it doesn’t guarantee that they will.
It is generally a good idea to write down every complaint you make to HR. Don’t count on Human Resources to do it.
If you have already spoken with an HR person about the harassment and discrimination you’ve experienced, you can follow up with an email to express your gratitude for the conversation and to reiterate your expectation that the company will take action to address your concerns.
It is not easy to deal with discrimination. Confide in a reliable coworker who can listen and provide comfort when you need it. Most importantly, others might feel the same way you do or have more information on actions and situations that back up your accusations.
Your complaints should be taken seriously, your story should be heard, and those who discriminated against you should be held responsible. While speaking up against discrimination in the workplace is never a good idea, it’s important to do so in a way that will produce the desired results. The best course of action is to report the discrimination to the proper authorities within your workplace, maintain a professional demeanor while continuing to do your job, and avoid getting into a physical altercation.
Workplace discrimination is illegal under both state and federal law. For some claims, you may need to go via a specific government agency, like the EEOC (federal) or a state agency with a similar structure, to file a formal charge or complaint. Depending on the jurisdiction, an employee may be able to go straight to civil litigation against their employer for certain claims. To better understand your alternatives and be aware of the short deadlines for filing charges or proceedings, it is important to consult with a knowledgeable employment lawyer.
An employment lawyer can help you understand your rights by listening to your claims and concerns before you do anything. You can also get a fair evaluation of your claims’ merit and learn about your alternatives, such as attempting to negotiate a settlement, from their service.
You should know that just because you talk to or hire a lawyer doesn’t mean you’ll file a case against your boss. Your circumstances and goals will determine if that’s the right move, or you might not even have a case. You don’t have to continue feeling like a victim of wrongdoing in the workplace; instead, you can take control of your situation by consulting with an attorney.
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