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When faced with workplace discrimination, many employees find themselves feeling confused and overwhelmed. You may not know how to begin documenting or what you should be doing to protect yourself.
If you find yourself in this situation and you’re looking for guidance on what to do next and how to do it — this post is for you.
Internal: Report Discrimination to HR
If the thought of reporting discrimination to HR feels intimidating, I promise you, that’s normal. I felt the same way and I have no doubt that if I ever need to turn to HR again, I will still feel the same way.
However, if you prepare in advance, going to HR can be less intimidating and is a better alternative to suffering in silence and hoping it gets better — which it rarely does on its own. By going to HR, you give the company the opportunity to investigate and take action. In the best case scenario, they take your claims seriously and the situation is resolved without you needing to escalate the situation into a legal matter by obtaining representation or filing with the EEOC.
But since this is not guaranteed, it is equally important to follow-up any conversation you have with HR with an email summarizing your claims, the evidence you have and your understanding of what their next steps will be. This ensures you have a paper trail that proves HR / your company was made aware of the situation and had the opportunity to act — key to taking action against the company if it comes to that.
If you need help getting started with building a timeline, organizing your claims and formatting a report to give HR, JustiProof can help. Our app walks you through step-by-step, guiding you through what information to capture, what evidence you could provide to support your claims and how best to summarize the situation by focusing on the facts and key events.
Internal: Report Discrimination to your Union
If you are part of a Union, your contract should include protections against discrimination. It will also likely outline a grievance process for when claims like discrimination arise. Once you make your union aware of the discrimination, they should be able to help you negotiate a resolution while also providing reassurance that you will be protected from retaliatory action.
If for some reason the union itself fails to protect you from discrimination, you can follow the alternative paths listed below, or you can file a complaint with the National Labor Relations Board (NLRB).
External: Fight Discrimination with a Lawyer
It’s a big decision to pursue legal action for workplace discrimination, but once that decision is made, many victims will quickly learn that getting a lawyer to take your discrimination case isn’t as easy as they expected. This is because lawyers often take workplace discrimination cases on contingency (meaning they only get paid if you win your case or agree on a settlement), so they are understandably selective.
If you want legal support or even if you just think you may want to consider it, you need to be documenting the incidents of discrimination and capturing evidence. Many employees find themselves suddenly terminated and cut off from access before they complete these steps and as a result they are unable to get representation, because they can’t prove their claims. If you consider it from this perspective it makes sense — would you trust a stranger enough to invest time and energy based on their word alone if it was you? Of course not and you shouldn’t expect employment lawyers to do it either.
Contact a law firms, but when you do, be prepared to tell them and show them what matters most to them. For advice on how to do that, you may find this post useful: How to Get a Lawyer for Your Discrimination Claims
External: Civil Rights Agencies
Government agencies like the Federal Equal Employment Opportunity Commission (EEOC) or your state based civil rights agency are tasked with enforcing civil rights. These agencies can investigate your discrimination claims and help you recover damages through mediation, settlements or litigation without you needing to get your own lawyer.
However, these agencies have strict filing deadlines and overwhelming caseloads, so it’s important to be informed and proactive when it comes to filing your case and preparing for your intake call. During your intake call with the EEOC (or similar agency) you’ll want to have specific examples of discrimination or retaliation that are well supported. I’d also recommend having a prepared, organized outline of your claims and evidence that is easy to follow and can guide your investigator through the events that show discrimination clearly. If you need help preparing that documentation, JustiProof can help.
A common complaint from victims who go to government agencies is that it takes too long to schedule the intake call (often months) and once they do, the agency puts in minimal effort. Reviewing public forums on agencies like the EEOC subreddit will reveal complaints that the agencies barely investigate before accepting a company’s excuses and issuing a right to sue (which they do when they close out your case).
However, this doesn’t have to be your experience and it likely wont be if you go in prepared and well organized. Keep in mind the agencies are overwhelmed with cases, so they don’t have time to sort through unorganized evidence and information to build your claims for you. You may be able to look through scattered documents and see how it all fits together, but you lived it and the third party reviewing your case, did not.
Make the investigators job easier and you’ll give yourself a much better shot at a positive outcome and recovery.
External: Support Through Advocacy Groups
There are both federal and local non-profit organizations that may be able to provide legal guidance. American Civil Liberties Union (ACLU) is among the most well known, but many protected classes have specific agencies that can also help including National Women’s Law Center, The LGBTQ+ Bar, NAACP Legal Defense Fund.
If you qualify as low-income, there are also often options for free legal aid which you can find by searching for “legal aid” in your city, county or state.
The Key To Protecting Yourself: Knowing Your Options
The more information you have regarding your legal rights and what options exist, the better you can protect your career from discrimination when and if it happens to you. I hope you never have to use the solutions outlined here, but if you do, I hope this information has been helpful.
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