{"id":357684,"date":"2016-04-04T10:45:23","date_gmt":"2016-04-04T15:45:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/employment-discrimination\/dealing-with-discrimination-tips-for-employees.html"},"modified":"2024-01-23T16:04:01","modified_gmt":"2024-01-23T21:04:01","slug":"dealing-with-discrimination-tips-for-employees","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/employment-discrimination\/dealing-with-discrimination-tips-for-employees.html","title":{"rendered":"Dealing With Discrimination: Tips for Employees"},"content":{"rendered":"\n
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Dealing With Discrimination: Tips for Employees<\/h1>\n
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\n By Linda Sanabria, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last reviewed\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Dealing with discrimination at work involves understanding your rights and taking specific steps to address the issue. Initially, consult an employment attorney who can guide you through complex laws and help protect your rights. You may want to inform your employer about the discrimination, requesting a formal investigation and report. If unresolved, file a claim with the EEOC or your state agency. Keep detailed records of all incidents to support your case. <\/p>\n\n <\/div>\n\n

Discrimination and harassment can take a number of different forms. There are broad-sweeping federal laws that prohibit discrimination<\/a> and harassment<\/a> against individuals on the basis of race<\/a>, color, national origin, sex, religion<\/a>, disability<\/a>, pregnancy, and age<\/a>, among other classifications, in a variety of situations.<\/p>\r\n

State and local laws may contain similar protections, and may also provide for protection in other situations. Many detailed laws address and prohibit workplace discrimination and harassment. If you are an employee and you are being discriminated against or harassed by your employer or coworkers, what can you do? You shouldn’t have to cope with or handle discrimination.<\/p>\r\n

The following list contains suggestions for employees who are dealing with unlawful discrimination in their workplace, which include speaking to an attorney, your employer, the human resources department, and the U.S. Equal Employment Opportunity Commission.<\/p>\r\n

First, Speak to an Attorney<\/h2>\r\n

If you think you are being discriminated against at work, your first step is to consult an attorney<\/a> immediately. An experienced employment lawyer will help you navigate this complex area of law, taking your specific situation into account.<\/p>\r\n

There are complicated issues involving statutory coverage, interrelation of federal and state laws, filing requirements, evidence gathering, and retaliation, among others. It’s a good idea to contact an attorney as soon as possible so that you can have legal guidance moving forward.<\/p>\r\n

Make Your Employer Aware<\/h2>\r\n

Make your employer aware that you feel you are being discriminated against<\/a> or harassed. Many illegal acts of discrimination and harassment may go unrecognized or unpunished because the victim does not make it clear that the conduct is unacceptable and unwelcome. Rare is the case where employers will admit to discrimination or harassment and help you draft legal papers against them.<\/p>\r\n

Your employer is responsible for complying with the law<\/a>, but you alone are responsible for making sure your personal rights are protected.<\/p>\r\n

Ask for a Written Report<\/h2>\r\n

Let your employer know that you are taking the matter seriously. Ask that a written report be made every time you report an incident of discrimination or harassment. Ask that an investigation be made into your allegations and that disciplinary or corrective action against the offenders is taken. Employers are required by law to give prompt consideration to all reports of discrimination and harassment.<\/p>\r\n

Make a Claim to the EEOC or Your State Agency<\/h2>\r\n

If you receive no response from your employer, consider contacting the federal Equal Employment Opportunity Commission<\/a> (EEOC). The EEOC has responsibility for overseeing compliance with many federal anti-discrimination and anti-harassment laws, and your state agency is responsible for related state laws. Getting the government involved in your case will most likely get someone’s attention at your workplace.<\/p>\r\n

Compile and Keep Your Records<\/h2>\r\n

Keep a diary of any incidents of discrimination or harassment. Record the date, approximate time, location, parties involved, witnesses, and details of the improper conduct or speech. Keep any objects or photos that were posted, left for you, or given to you in the workplace that you believe were discriminatory or harassing. Take a photo of the offending object before taking it down or moving it, for use by your attorney later.<\/p>\r\n

The location of the object may make the offense worse, such as if the object is visible to other employees who may pass by your office or workspace. Don’t delete any offending emails or communications between you and the offending individual.<\/p>\r\n

An example of a diary entry could contain information such as: "On May 10, 1999, I was standing by the copy machine on the 4th floor when Kelly Douglass (supervisor) said ‘I hope you realize that I won’t have to put up with an old goat like you for much longer, because as soon as you turn sixty, I’m going to fire you.’ Jack Straup and Kurt McCann (coworkers) were there at the time and heard her say it."<\/p>\r\n

Review Your Company’s Anti-Discrimination Policy<\/h2>\r\n

Take the time to read and understand your company’s anti-discrimination policy. The fact that your employer may have put it in writing and acknowledged that it will not act in discriminatory ways<\/a> may serve to benefit your position. If you have a copy of the policy in a handbook or other handout, put it somewhere safe.<\/p>\r\n

Review Federal and State Laws<\/h2>\r\n

Review federal and state laws to familiarize yourself with your rights before speaking to an attorney. The statutes are challenging, and an experienced lawyer will help you navigate them. These laws are available at law libraries, some general libraries, and on the internet. Some major federal anti-discrimination and harassment laws include:<\/p>\r\n