What Should You Do if You’ve Been a Victim of Workplace Discrimination?
Workplace discrimination in Denver, Colorado can be incredibly distressing and disorienting. It often impacts not just your day-to-day professional responsibilities but can also permeate other aspects of your life. The workplace is meant to be a space where employees feel valued and supported. Anderson Barkley, LLC works to assist in such matters related to employment.
However, when discrimination occurs, it can undermine that environment. Being passed over for a promotion due to your gender, or being subjected to racial slurs by colleagues, can lead to feelings of frustration, anger, and isolation. These experiences often affect your job satisfaction and may prevent you from reaching your full potential within the company.
However, it’s important to recognize that legal protections exist to safeguard against such discrimination. Federal and state laws prohibit discrimination based on a wide range of characteristics, including race, sex, age, disability, religion, and sexual orientation. If you find yourself a victim of workplace discrimination, you aren’t without recourse.
There are legal avenues available to help address the situation, whether that means filing a complaint with your employer, seeking mediation, or pursuing a lawsuit through the Equal Employment Opportunity Commission (EEOC).
An experienced employment attorney can help guide you through these processes, offering legal advice, representation, and support as you take the steps toward a resolution. With the right legal help, you can work toward holding your employer accountable, restoring your rights, and protecting your career moving forward.
Recognize the Signs of Discrimination
Before taking action, it's important to understand what workplace discrimination looks like. The law provides protection against several types of discrimination in employment. Here are some common examples of discrimination.
Unequal pay or benefits: If you’re paid less than others for performing the same duties, particularly when the disparity is linked to race, gender, or another protected characteristic.
Harassment: Hostile work environments, including offensive comments, jokes, or inappropriate conduct based on your race, gender, or other protected status, can create an environment where employees feel unsafe or unwelcome.
Discriminatory hiring or firing practices: If you weren’t hired, promoted, or were terminated based on characteristics such as age, race, or disability, this could be considered discrimination.
Retaliation: If you raised concerns about potential discrimination or harassment and faced adverse consequences as a result, this may be classified as retaliation, which is also illegal under employment law.
Recognizing these signs early can help you take the right steps to protect yourself and your rights. If any of these situations sound familiar, it might be time to seek legal advice.
Document Everything
Once you suspect you’ve experienced workplace discrimination, start documenting all relevant incidents. Doing so can provide a paper trail to serve as evidence when the time comes to seek justice. Relevant incidents to document include the following.
Date and time: Record the exact date and time of the incident(s).
Details of the incident: Write down what happened, who was involved, and what was said or done.
Witnesses: Note if there were any witnesses to the discriminatory actions or comments.
Impact on work: Describe how the discrimination affected your work performance or emotional well-being.
Your response: If you reported the incident to anyone in your workplace, note your actions and the responses you received.
The more detailed your documentation, the better equipped you’ll be if you decide to take legal action. Keeping thorough records helps to establish a pattern of behavior, which is crucial when making a case for discrimination.
Review Your Company’s Policies
Most workplaces have policies related to discrimination and harassment. These policies often outline procedures for reporting discrimination and how complaints will be handled. Review the company handbook or any official documentation you have about workplace policies.
Understanding these procedures will help you follow the appropriate steps to raise your concerns within the company. If the policies encourage reporting to human resources (HR) or management, make sure you follow through with the process. If you feel uncomfortable reporting the issue internally or fear retaliation, you may want to consider external legal options.
Report the Discrimination to Your Employer
If you feel comfortable doing so, consider reporting the discrimination to your employer. This could involve speaking with your HR department, a manager, or any other designated individual in your company. It’s important to keep the following details in mind.
Your report should be factual: Focus on the specific incidents of discrimination and avoid unnecessary emotional language.
Request an investigation: Ask for an investigation into the discrimination. By law, your employer should take appropriate action to address the issue.
Follow up: Keep track of your communication with the company to make sure that they’re responding appropriately. If no action is taken, you might want to take further steps.
By reporting discrimination, you not only give your employer the opportunity to address the issue but also protect your right to take further legal action if the situation isn’t resolved.
Consider Filing a Complaint with the Equal Employment Opportunity Commission (EEOC)
If you believe that your workplace discrimination violates federal law, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for investigating claims of employment discrimination under federal law, including the following.
Title VII of the Civil Rights Act of 1964
The Age Discrimination in Employment Act (ADEA)
The Americans with Disabilities Act (ADA)
The Equal Pay Act (EPA)
Before filing a lawsuit for workplace discrimination, you must first file a charge with the EEOC or your state’s equivalent agency. The EEOC will investigate your claim and may mediate between you and your employer. If they find sufficient evidence of discrimination, they may take legal action or give you permission to file a lawsuit.
You must file your complaint within a certain timeframe, typically within 180 days of the discriminatory incident, according to the Equal Employment Opportunity Commission, though this deadline can be extended in some circumstances. Speaking with an employment attorney can help you understand your rights and the optimal way to proceed with your case.
Seek Legal Counsel
If the discrimination continues or you’re dissatisfied with your employer’s response, consulting with an experienced employment attorney is essential. An attorney who focuses on employment law can help you understand the legal factors surrounding your case and advise you on the best course of action. An employment lawyer can help you complete the tasks below.
Evaluate the strength of your case: An attorney will review the facts of your case to determine if you have a valid claim under employment laws.
File a lawsuit: If necessary, your attorney can help you file a lawsuit in court. This may be an option if the employer fails to address the discrimination or if the EEOC determines your claim doesn’t warrant further action.
Protect your rights: Throughout the process, an attorney can help you avoid common pitfalls, such as retaliation, and make sure that your legal rights are protected.
Your attorney will advocate for you and work toward achieving a resolution, which may include compensation, policy changes within the company, or other forms of relief.
Know Your Rights
Federal and state laws protect you against workplace discrimination. Under Title VII of the Civil Rights Act of 1964, for instance, employers cannot discriminate based on race, color, religion, sex, or national origin. Many states, including Illinois, have their own laws that offer additional protections.
These laws protect employees who experience discrimination and retaliation, including the right to file a lawsuit if necessary. Understanding these rights can empower you to take action. Remember that retaliation against employees who report discrimination is illegal, so you can’t be punished for standing up for yourself.
Take Care of Yourself
Experiencing workplace discrimination can take a significant emotional toll. It’s important to take care of your mental and emotional health during this difficult time. Consider seeking support from a counselor or therapist, and talk to trusted family members, friends, or coworkers.
Taking care of your health and well-being will give you the strength and resilience you need to handle the situation and fight for your rights effectively.
Contact Attorney Jeanine Anderson Today to Protect Your Rights
Workplace discrimination is an issue no one should have to face. However, legal professionals can help you address the situation and protect your rights in Denver, or anywhere in Jefferson County, Douglas County, Arapahoe County, Larimer County, or Boulder County, Colorado. The steps above can lead you toward a fair and just resolution. Consult with Anderson Barkley, LLC to receive the support you need to handle the legal process and seek a positive outcome.