What should I do If I am Being Discriminated Against at Work
The first question to ask yourself is whether the discrimination is based on a characteristic protected by the law—called a “protected category.” It is illegal to treat someone differently under the law because of, among other things, race, gender, national origin, or disability. If you are located in New York State or New York City, the list is even longer and includes (but is not limited to) military status, gender identity or expression, familial status, martial status, or domestic violence victim status. By contrast, one example of a frustrating, but usually legal, form of unfavorable treatment is nepotism (where an employer’s relatives are treated better than other employees).
Yes, I Fit Into One (or More) of Those Categories—Does That Mean I am Being Discriminated Against?
The next question to ask yourself is what is happening that makes you think you are being discriminated against? For instance, if you think your employer speaks to you differently because you are the only woman office, that alone may not rise to the level of discriminatory treatment. But, if you are not invited to client meetings that all other male employees performing the same type of work as you are invited to, this may interfere with your ability to perform at your job and reduce your wages and opportunities, you may have a discrimination claim. And, certainly if your employment is terminated, you may have a viable discrimination claim. These are just a couple of the many ways discriminatory treatment may arise.
The difficult question you may need to ask is, “Am I qualified for my position and performing it at an acceptable level?” If you step back from your situation and see that the person who is getting a raise or promotion is the person who may have skills that you do not or who recently acquired a new degree, that might explain the difference in treatment. Or, if the other employee always completes his or her work well and on time, that could suggest a legitimate non-discriminatory reason why you perceive another employee is being treated better than you. These are just a couple of things to think about.
Don’t Delay! Call a Lawyer
There are time limits that apply to discrimination claims, so you do not want to wait too long and learn that you can no longer pursue your claim.
As the above suggests, issues surrounding potential employment discrimination are complex, but you do not need to puzzle through these questions alone. If you would like to discuss your situation with us, including whether you should sign an agreement with such a provision, please feel free to call or email us at any time. You will be on the phone with an attorney within 24 hours.