Workplace Discrimination

Many workers facing discrimination on their jobs feel alone, like it is only happening to them. This is not the case. Workplace discrimination is a widespread issue. According to studies and reports, various forms of discrimination occur frequently in the workplace, affecting people of different races, genders, ages, disabilities, sexual orientations, and religions.

According to the EEOC, thousands of discrimination charges are filed every year in the United States. Indeed, at Spitz, The Employee’s Law Firm, our attorneys file over 2,000 EEOC or state equivalent chargers per year. In 2021, the EEOC received over 50,000 charges of discrimination, with the most frequent allegations being retaliation, race discrimination, and sex discrimination.

Moreover, it is important to note that many incidents of workplace discrimination go unreported, so the actual incidence of discrimination is likely higher. On top of that, some individuals may not be aware that they have been a victim of discrimination, or they may fear retaliation or other consequences if they report it.

If you believe you have experienced workplace discrimination, it is important to take the following steps:

1. Document the incidents: Keep a record of the dates, times, and specific details of the discriminatory behavior you have experienced. You should note the people who participated in the conduct and those who may have witnessed it.
2. Report it to your supervisor or Human Resources: If the person responsible for the discrimination is your direct supervisor, you may want to report the incident to a higher-level manager or HR representative. Importantly, you should document the report you made by either submitting it in a manner that confirms delivery, such as email, fax, or text message. You can take a picture of the report that you left on a supervisor’s desk. Alternatively, you can confirm that you made an oral report by sending an email, fax, or text message thanking the person for receiving our complaint of workplace discrimination.
3. Use your company’s complaint process: Many companies have a formal process for reporting workplace discrimination. Follow the procedure outlined by your employer. Again, document that you have done so, including by taking screenshots of any submission screens.
4. File a complaint with government agencies: Depending on where you work and the type of discrimination you have experienced, you may be able to file a complaint with a government agency such as the Equal Employment Opportunity Commission (“EEOC”) or your state’s labor department. However, before you do so, you should consult an employee’s rights law firm to make sure that you are proceeding properly.

It’s important to remember that you have the right to a discrimination-free workplace, and reporting incidents can help bring attention to the issue and potentially prevent it from happening to others.

In many cases, employees can win simply based on their own testimony of what happened, particularly where the employee reports that there was direct evidence of discrimination, such as stated biases, slurs, or other offensive comments. Additionally, To prove workplace discrimination or harassment, the following types of evidence can be useful:

1. Witness statements: This can include statements from coworkers, supervisors, or other employees who witnessed the discrimination or harassment.
2. Comparator Information: If you are being treated less favorably then other workers outside your protected class, it would be helpful to have the names of those similarly situated employees.
3. Documentation: This can include emails, memos, performance evaluations, or other written documents that support your claims of discrimination or harassment. You should make sure that you have copies of this material outside of work before reporting it in case you are fired and walked out the door.
4. Timelines and calendars: Keeping a record of important dates and events, including instances of discrimination or harassment, can help establish a pattern of behavior.
5. Pay and promotion records: Evidence of pay or promotions can be helpful to show a pay disparity or that you have been recognized for doing good work. Additionally, pay records are key to establishing damages as part of a wrongful termination case. Lastly, such information will also help ensure that the proper entities are sued.

Importantly, even if you don’t have all of this information, do not worry. Your attorney will be able to conduct discovery as part of a lawsuit to get more information. With that said, tt is important to gather as much evidence as possible to support your claims, as this will increase your chances of a successful outcome.

There are several types of workplace discrimination claims that employees can file, including:

1. Disparate treatment: This type of discrimination occurs when an employee is treated differently or less favorably than other employees because of a protected characteristic, such as race, gender, age, religion, etc.
2. Disparate impact: This type of discrimination occurs when a workplace policy or practice has a negative impact on a protected group, even if the policy was not intended to discriminate.
3. Retaliation: This type of discrimination occurs when an employee is punished for reporting discrimination, participating in an investigation, or otherwise opposing discriminatory practices.
4. Hostile work environment: This type of discrimination occurs when an employee is subjected to severe or pervasive harassment that creates an intimidating, hostile, or offensive work environment based on a protected characteristic.
5. Failure to accommodate: This type of discrimination occurs when an employer fails to provide reasonable accommodations for an employee with a disability.
6. Wage discrimination: This type of discrimination occurs when an employee is paid less than other employees for the same or similar work, based on a protected characteristic.

Each of these types of discrimination claims may be based on different types of protected characteristics and circumstances and may be subject to different legal standards. It is important for employees to understand their rights and the type of discrimination they may be experiencing in order to determine the appropriate course of action. The best way to do so is to consult a law firm that focuses on employee’s legal rights in the workplace.