Not all signs of workplace discrimination are obvious. But when you believe you might have been discriminated against at work, what should you do? First off take a breath and relax: the team at Jackson Spencer Law has you covered.
If you believe you’ve been the victim of discrimination, you may not know what to do. How should you respond to possible discrimination? What can you do to prove it? What are some ways to respond to discriminatory or unfair treatment?
Before things get out of control, you should consult an attorney. Not everything unfair is illegal, and not everything that is illegal is discriminatory. But before you talk with an attorney, here’s a list of next steps to consider if you think you may have a claim:
- First, take a step back
- Follow company policy.
- Talk to your manager or human resources.
- Follow up on all conversations and meetings.
- Record incidents of possible discrimination.
- Do not complain to anyone about possible discrimination.
- Talk to an attorney – especially before reporting to a state or federal agency.
If have been experiencing issues at work, such as discrimination, wrongful suspension, or wrongful termination, contact us for a free consultation with our legal team.
First, take a step back.
Discrimination is unfair treatment based on an employee’s race, religion, gender, national origin, or other protected characteristic. However, just because you didn’t get a promotion you thought you deserved or a raise you believed was forthcoming doesn’t mean it was discrimination.
Discrimination often involves a pattern of behavior. If your performance reviews have been positive and your managers all supported your promotion, you may have reason to suspect something else is involved if you are bypassed. On the other hand, if your managers felt you needed more time in your current position, it might be expected you would not get promoted yet.
Follow company policy.
If your company has a policy about reporting suspected discrimination, follow your policy carefully. If you should report to your immediate supervisor or human resources, do so. If the discriminatory or harassing behavior comes from other employees, you should tell management at once.
Avoid the temptation to jump the “chain of command” and report the problem to senior management or executives. It might seem like this will get things done quicker, but it can actually slow things down or even make your case worse.
Talk to your manager or human resources.
Find out if there are valid reasons you might have been denied a raise or promotion. Ask for assistance in improving your job performance or other issues. Request written documentation of any problems before you assume it was discrimination.
Follow up on all conversations and meetings.
If you follow any of these suggestions, keep a written record of your interactions with your manager, human resources, or other staff. Follow up with any promises or suggestions after a reasonable period.
Remember that it still may not be discrimination. Laziness, overwork, or nepotism (giving jobs to family or friends) are other reasons why management doesn’t follow through with promises. Keep track of who you talk to, what they say, and when you get back with them.
Record incidents of possible discrimination.
Keep a record of any past and current discrimination events. Note the date, time, and location of each incident, and any pertinent details. For instance, if a co-worker is using hate speech against you, make a note of the exact times and words used, as well as when you reported the comments to your supervisor.
If you notice other workers similarly treated, make a note of this as well. Do not approach them about the discriminatory behavior. Your attorney will let you know when or if this should be done.
It’s not just important to note the names of the people responsible for the discrimination (such as your supervisors or managers) but the people who are receiving more favorable treatment than you. Identifying the major players who are receiving preferential treatment is important, because it can help a lawyer identify if you have a discrimination claim.
Avoid venting on social media.
Believing you’re the victim of discrimination understandably makes you angry and frightened. You need the support and validation from others. However, resist the urge to take your crusade to social media. The risks of venting on social media are high, and the benefits are low.
Until you know what the facts are and have filed a claim, don’t make any public comments. Vent to your family and close friends in private, and consider seeking assistance from a trained medical or mental health professional or from your minister, priest, or spiritual advisor.
Talk to an attorney – especially before reporting to a state or federal agency.
There are important deadlines for reporting discrimination to the EEOC and corresponding state or local anti-discrimination agencies, typically 180 days after the discriminatory, retaliatory, or harassing conduct for private-sector employees. But without an attorney to guide you, these agencies often may decline to accept your case, or they may immediately issue you a “right to sue” letter, which then forces you to file a lawsuit in as little as 60 or 90 days or else your claims may be lost.
If you have any questions about whether you are experiencing discrimination at work and what your options might be, call Jackson Spencer Law for a free consultation at 972-301-2937 or fill out an online inquiry here. Our experienced legal team can help determine the best recourse for you, including helping you decide if filing with a state or federal agency would be a good decision.
