What to Do if You are Experiencing Workplace Discrimination

Workplace discrimination can take many forms, from subtle biases to overt harassment. It’s crucial to understand your rights and the steps you should take if you find yourself in such a situation.

Discrimination occurs when an employee is treated unfairly because of their race, color, religion, sex, national origin, age, disability, sexual orientation, etc.  Discrimination can manifest in hiring, firing, promotions, job assignments, or other aspects of employment.  It is illegal for your employer to discriminate against you based on your protected characteristics.

If you believe you are being discriminated against, here’s what you should do:

1. Document Everything: Keep detailed records of any incidents of discrimination. This includes saving (and possibly printing) emails, keeping contemporaneous notes, making recordings, and gathering witness statements.  Documentation will be critical if you decide to take legal action down the road.
2. Report the Discrimination: This one can be tricky depending on the politics of your workplace, but most companies have procedures for reporting discrimination, often through human resources.   Reporting can be a critical step in building your case before taking further legal action.  If you believe you are being discriminated against, creating a paper trail where you complain about discrimination can be very helpful. 
3. Consult an Employment Lawyer: Discrimination cases can be complex, and it’s wise to consult with an attorney who specializes in employment law. We can help you determine whether you’ve got a case, and what you can do to position yourself to best fight back. 
4. Consider Filing: If your employer doesn’t adequately address your complaint, you can file a charge of discrimination with the federal Equal Employment Opportunity Commission, or your state or local equal employment agency (e.g. the New York State Division of Human Rights), or file a complaint in federal or state court. We strongly encourage you to speak to an employment attorney prior to filing, but you should know that this is an option.

While facing down workplace discrimination can be intimidating, understanding your rights and taking the appropriate steps can protect yourself can be very empowering.

Questions, concerns?  Feel free to call us in New York City (646.524.6001) or Cleveland, Ohio (216.600.7994) or  contact us any time. We will help you determine whether you are a victim of wrongful termination and advise you on what you can do about it.