- Document all incidents of discrimination, including details, evidence, and any impact on job performance or mental health.
- Report the discrimination to your company to initiate internal investigations and potential resolution through established policies.
- File a complaint with the EEOC or state agencies within 180 days to formally address your grievances.
- Consider legal action through a lawsuit for damages or explore mediation and settlement with the guidance of an attorney.
Facing employment discrimination can be a challenging and stressful experience for anyone. Whether you have been discriminated against based on your race, gender, age, disability, or any other protected characteristic, it is important to know your rights and take action. This blog will discuss essential tips for what employment discrimination victims can do to protect their rights and seek justice.
Document Everything
If you believe you are being discriminated against at work, it is crucial to document everything that happens. Here are four steps to follow:
Keep a Record of All Incidents
Write down the date, time, location, and details of any discrimination or harassment that occurs. This includes specific comments made, actions taken, and witnesses present. You can also document any negative impacts on your job, such as being passed over for a promotion or receiving unfair treatment.
Save Any Evidence
If there is physical evidence, such as emails, texts, or notes that support your claim of discrimination, make sure to keep them in a safe place. You may need this evidence to support your case later on.
Keep Track of Your Performance
Often, victims of discrimination may see their work evaluations or job duties change after speaking out or reporting the discrimination. Keep a record of any changes to your performance and job responsibilities.
Keep a Journal
It can be helpful to write down your thoughts and feelings about the discrimination as it happens. This can serve as additional evidence and help you remember details later on. You may also want to keep track of any changes in your mental health, such as increased anxiety or stress.
By documenting everything, you will have a clear and organized record of the discrimination you have faced, which can be crucial in building your case.
Report the Discrimination
Once you have documented the discrimination, it is important to report it to the appropriate person within your company. Many employers have anti-discrimination policies in place and procedures for handling complaints of discrimination. By reporting the discrimination internally, you give your employer an opportunity to investigate and address the issue before taking further legal action.
File a Complaint with the EEOC
The EEOC is responsible for enforcing laws prohibiting employment discrimination. If you believe you have been discriminated against based on one of these protected characteristics, you can file a complaint with the EEOC within 180 days of the discriminatory act.
Additionally, some states have their own agencies that handle discrimination complaints. You may need to file a complaint with both the EEOC and your state agency in order to fully protect your rights. You can find information about filing a complaint with your state agency on the EEOC’s website.
Consider Filing a Lawsuit
If the EEOC does not resolve your complaint or if you wish to pursue additional legal action against your employer for damages such as lost wages or emotional distress, you may choose to file a lawsuit. An experienced civil litigation lawyer can help guide you through this process and advocate for your rights in court.
Choose a civil litigation attorney who has experience handling discrimination cases and whom you feel comfortable working with. It is important to provide them with all the documentation and evidence you have gathered to support your case.
Mediation and Settlement
In some cases, mediation may be used to resolve a discrimination complaint. This involves both parties coming together with a neutral third party mediator to try and find a mutually agreeable solution. If mediation is successful and a settlement is reached, make sure to review the terms carefully before signing any agreement. It is also important to consult with your attorney before making any decisions.
Navigating the complexities of employment discrimination requires awareness, documentation, and assertive action. By meticulously recording incidents, saving evidence, reporting discrimination within your organization, and considering external legal avenues such as filing a complaint with the EEOC or pursuing litigation, victims can protect their rights and seek justice.
Additionally, exploring mediation and settlement options, with legal guidance, can offer a resolution. Empowerment in such situations begins with understanding your rights and taking deliberate steps to address and rectify the discrimination faced in the workplace.
