Standing Up: Your Rights Against Workplace Injustice

Fighting Back: Your Legal Options When Facing Workplace Discrimination and Harassment

Experiencing discrimination or harassment at work is not only deeply upsetting but can also have lasting negative impacts on your mental health, career prospects, and overall well-being. You deserve a safe and respectful working environment. Thankfully, the law is there to protect you.

This blog post will delve into your legal options if you've been subjected to discrimination or harassment in the workplace. Remember, this information is for educational purposes only and doesn't constitute legal advice. Always consult with an experienced employment lawyer for guidance tailored to your specific situation.

Understanding the Basics:

  • Discrimination: This involves treating someone unfairly based on protected characteristics like race, religion, gender, sexual orientation, disability, age, or national origin. Discrimination can manifest in various forms, including hiring decisions, promotions, pay disparities, and termination.
  • Harassment: This refers to unwelcome conduct that creates a hostile work environment. It can be based on the same protected characteristics as discrimination and encompasses verbal abuse, physical intimidation, offensive jokes, unwanted touching, or display of discriminatory materials.

Legal Recourse: Where Do You Start?

  1. Document Everything: Keep a detailed record of every incident, including dates, times, locations, witnesses, and specific details of what happened. Save any emails, texts, or other relevant documents that support your claim.

  2. Internal Complaint Procedures: Most companies have internal policies for addressing discrimination and harassment. Familiarize yourself with these procedures and file a formal complaint with HR or the appropriate authority within your organization.

  3. Equal Employment Opportunity Commission (EEOC): The EEOC is a federal agency that investigates workplace discrimination complaints. You can file a charge of discrimination with the EEOC online, by phone, or in person.

  4. State Fair Employment Practices Agencies (FEPAs): Many states have their own agencies that handle discrimination complaints. Contact your state's FEPA to learn about filing procedures and potential remedies.

  5. Private Lawsuit: If you feel the EEOC or FEPAs haven't adequately addressed your complaint, you may choose to file a private lawsuit against your employer. This is best done with the guidance of an experienced employment lawyer who can navigate the complexities of legal proceedings.

Remedies You May Be Entitled To:

  • Reinstatement: Being returned to your previous position.
  • Back Pay: Compensation for lost wages due to discrimination or harassment.
  • Compensatory Damages: Monetary awards to compensate for emotional distress, humiliation, and other non-economic harms.
  • Punitive Damages: In cases of particularly egregious misconduct, punitive damages may be awarded to punish the employer and deter future wrongdoing.
  • Attorney Fees: In some cases, the prevailing party in a discrimination lawsuit may be able to recover their legal fees from the losing party.

Don't Suffer in Silence:

Remember, you have rights, and seeking legal assistance is a powerful step towards achieving justice and ensuring your workplace is a safe and respectful environment.

Fighting Back: Your Legal Options When Facing Workplace Discrimination and Harassment

Experiencing discrimination or harassment at work is not only deeply upsetting but can also have lasting negative impacts on your mental health, career prospects, and overall well-being. You deserve a safe and respectful working environment. Thankfully, the law is there to protect you.

This blog post will delve into your legal options if you've been subjected to discrimination or harassment in the workplace. Remember, this information is for educational purposes only and doesn't constitute legal advice. Always consult with an experienced employment lawyer for guidance tailored to your specific situation.

Understanding the Basics:

  • Discrimination: This involves treating someone unfairly based on protected characteristics like race, religion, gender, sexual orientation, disability, age, or national origin. Discrimination can manifest in various forms, including hiring decisions, promotions, pay disparities, and termination.
  • Harassment: This refers to unwelcome conduct that creates a hostile work environment. It can be based on the same protected characteristics as discrimination and encompasses verbal abuse, physical intimidation, offensive jokes, unwanted touching, or display of discriminatory materials.

Real-Life Examples:

Let's illustrate these concepts with some real-life scenarios:

  • Discrimination in Hiring: A talented software engineer applying for a position at a tech company is repeatedly passed over despite having the necessary qualifications. The hiring manager consistently favors male candidates, citing unsubstantiated concerns about the woman's ability to handle "high-pressure situations."
  • Harassment Based on Gender: A female employee working in a construction firm faces constant catcalls and sexist jokes from male colleagues. Despite reporting the behavior to her supervisor, nothing is done to address it. The harassment escalates, making it impossible for her to concentrate on her work.
  • Discrimination based on Disability: A qualified accountant with diabetes requests reasonable accommodations, like a flexible work schedule to manage his insulin injections. His request is denied by his employer who claims it would be "too disruptive" to the team, despite numerous other employees having similar arrangements.

Legal Recourse: Where Do You Start?

  1. Document Everything: Keep a detailed record of every incident, including dates, times, locations, witnesses, and specific details of what happened. Save any emails, texts, or other relevant documents that support your claim.

  2. Internal Complaint Procedures: Most companies have internal policies for addressing discrimination and harassment. Familiarize yourself with these procedures and file a formal complaint with HR or the appropriate authority within your organization.

  3. Equal Employment Opportunity Commission (EEOC): The EEOC is a federal agency that investigates workplace discrimination complaints. You can file a charge of discrimination with the EEOC online, by phone, or in person.

  4. State Fair Employment Practices Agencies (FEPAs): Many states have their own agencies that handle discrimination complaints. Contact your state's FEPA to learn about filing procedures and potential remedies.

  5. Private Lawsuit: If you feel the EEOC or FEPAs haven't adequately addressed your complaint, you may choose to file a private lawsuit against your employer. This is best done with the guidance of an experienced employment lawyer who can navigate the complexities of legal proceedings.

Remedies You May Be Entitled To:

  • Reinstatement: Being returned to your previous position.
  • Back Pay: Compensation for lost wages due to discrimination or harassment.
  • Compensatory Damages: Monetary awards to compensate for emotional distress, humiliation, and other non-economic harms.
  • Punitive Damages: In cases of particularly egregious misconduct, punitive damages may be awarded to punish the employer and deter future wrongdoing.
  • Attorney Fees: In some cases, the prevailing party in a discrimination lawsuit may be able to recover their legal fees from the losing party.

Don't Suffer in Silence:

Remember, you have rights, and seeking legal assistance is a powerful step towards achieving justice and ensuring your workplace is a safe and respectful environment.

Back to blog