Discrimination

Without going into a lot of details, at work I feel as though I am being treated in a discriminatory manner. Is there anything I can do? I would prefer not to be forced to quit
NadaHAppyCamper

I know you don’t want to go into much detail but is there anything else you can tell us about the nature of the discrimination?

Unfortunately it’s often very difficult to prove that you’ve been discriminated against- especially if you wait until after you’ve been fired/forced to quit to bring it up. Some people have success when they bring it up to HR, giving them a sort of protection against layoffs, etc.

If you feel you are being discriminated against at work, you should get an appointment with a lawyer in your area who specializes in employment discrimination cases. Many lawyers who work in this area will give you an initial consultation for free where you can determine if the behavior you complain of might be basis for legal action. It’s important to do this quickly, as the laws regarding employment discrimination often have very short timetables to initiate legal action.

Complaining to HR can sometimes be successful, or it can lead to a circling of the wagons. Probably your lawyer would be in a better position to advise you on whether that’s a good idea.

–Cliffy

Have you called 911 about this? :wink:

Is the perceived discrimination sexual in nature? Age related? Racial? Due to a disability? Cultural? Religion related? You have to give us something to work with here in order to determine if you have a valid complaint that carries legal protection of some kind.

Many states are ‘at will’ employment states which means that you work at the pleasure of the company and can be fired at any time for no particular reason, as long as that reason is not defined under anti-discrimination laws. If they have just decided they don’t like you anymore there isn’t much you can do about it.

I’d start by documenting all relevant incidents immediately after they occur, so that you have a “contemporaneous” record. Also, preserve any evidence that exists in the form of memos, letter, emails, etc.

Without going into a lot of details: Yes. But there are certain downsides too.

XOXO, HTH!!

Kimmy_Gibbler

For AClockworkmelonandghardester thanks for the time, what I need are specific places I can contact.
For Cliffy thanks for the time. I have considered a laywer. I was also kind of hopeing there might be some,“covert group,” like the A-Team, or Mission Impossible team whom I could contact for help.
For panache45 ( is your nom de plume pronounced pan ache or panache?)Although I have a finger poised , I am hesitant to dial.
For ghardester thank you for the reply. I cannot honestly answer your question as to the nature of the perceived discrimination, this state is an “at will” state.
For Dewey Finn Thank you for the excellant advice
For Kimmy Gibbler Thank you for replying(?) I am sorry ,I don’t speak your language, I don’t understand what was said.
NadaHappyCamper

If you believe yourself to be a victim of unlawful discrimination, you can find relevant information and procedures by contacting the EEOC, and/or following the various links on their website.

It’s one of the very few *noms de plume *that is actually a *nom de plume.
*

I’ve been in H/R and you have to remember H/R is there to protect the COMPANY not you. They’re not going to go really far out of their way to help you sue them.

In fact by going to them first you often time give them the abilty to distance themselves and it’s a disaster for you. For instance, I’ve never seen a quid pro quo sexual harrassment case end good for anyone who didn’t get a lawyer BEFORE seeing H/R.

You can disciminate for any reason that is NOT legally protected. So you have to figure out why you are being harassed. Is it illegal. For instance in some states or localities gays are a protected class. In others they are not. A long time ago I was fired for being gay. There was nothing I could do. Being gay wasn’t a protected class and it was at will employment.

In order to prove discrimination, you have to document every single case of it.

You have to prove that management KNEW of such discriminatory practices and were actively avoiding taking action. Now this can be active or passive.

For instance if I am standing next to a co-worker and my supervisor is right next to both of us and clearly overhears this co-worker making racial slurs against me, I don’t have to report it. It’s better if you do, but supervisory employees have a duty to act proactively to prevent it.

People often hear of “Winning” cases like this, but you usually don’t win. You settle out of court. The two places I worked in H/R, we had insurance to cover this. Basically if a harassment complaint was filed, we’d give them $1,000 and move them departments and they’s sign a paper not to sue. Most people did this

If they refused it’d go to our company lawyers who were on retainer and decide whether or not to pay a settlement. The few times it went to court the company always won. Why? Because lawyers aren’t stupid. They know exactly what cases are going to lose and they settle. The company had insurance to cover such things. There was no way ever they’d go to court unless they were sure they’d win.

This is why you really need a lawyer. Because they know straight up if you have a case and they usually won’t take cases they can’t win, 'cause they work on percentage.

If you care about principles, then you should contact your legal aid society. You can usually look in your state or county government to see lawyer that will take your case on a sliding fee scale.

It’s a very hard situtation to be in, 'cause H/R and managers really don’t care much about expendible employees. On the other hand if the person doing the harassing is a jerk, and H/R knows it, it may give them the excuse to get rid of them

What I would ask myself is, in reality what is the likelihood of this harasser being fired. If you can see no way they’d let him/her go, don’t procede without a lawyer first.

If you think it’s a possiblity, start documenting time, date, instances and witnesses to the harassment.

So it is… it’s also a pen name. :smiley:

Markxxx Thank you for your inciteful post
NadaHappyCamper

Yes. He has very good advice.

Keep a journal. Write down the events as soon as you can, who was there what was said. Do not editorialize, just the facts. Date and time of writing down, too. A couple of incidents have to be pretty blatant; a continuous pattern of behaviour will be hard to refute. Even if you mention some of these as “concerns” to your superiors in email - a large corporation covered by Sarbanes-Oxley, IIRC, has to keep emails, even if deleted, for several years, so that sort of evidence would show the company is aware.

As others said - it’s not discrimination unless the laws of your state prohibit discrimination on that basis. Gay is a good example - as mentioned, many places do NOT ban discrimination on sexual orientation; if someone does not like the gay guy, or the boss would rather have the @$$h#le working with him than the gay guy, then he will get the legally required notice for that “at will” state. Similarly, you can’t complain that they discriminate against you for being ugly or good-looking, or rich or poor or smart or dumb - unless this is tied to something that is covered - like they expect women to be good looking or dress revealing but not men - that’s sexual discrimination.

You can find a local employment attorney through one of the referral services listed here. They will typically offer free consultations so you can at least determine if you have a case.

If you cannot afford an attorney, you may be able to find low- or no-cost legal assistance here.

The most important advice mentioned above is WRITE EVERYTHING DOWN.

Washington state Human Rights Commission.

The FAQ section is broken down by type of discrimination and by who it’s affecting. It looks like it would be very informative for you.

md2000;Really Not All That Bright and congodwarf Thank you for thoughtfulness. As of this post it has been very difficult if not impossible to document any bias due to race, religion, sexual orientation, and /or gender on behalf of management or supervisory personnel, I feel that most of the discrimination is retaliatory in nature, which as far as I can discern may be illegal here maybe not.
Thank You All:D

NadaHappyCamper
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So you’re being discriminated against in what way if it has nothing to do with race, religion, etc.?

You feel they are retaliating against you for something you either did or they perceive you to have done. By retaliation, what do you mean? They make you do things that are not part of your job description? Nobody loves you, everyone hates you and they think you should eat worms? You’re being denied promotion?

Who knows, maybe whatever you did was so fucked up they just kinda wish you would quit? Or maybe they feel that in doing your job you’re about as vague in your peformance of it as you are in this thread. If I were you I’d contact a lawyer and sue them all for being poopie-heads. And you should ask for a gazillion dollars, or even better just ask for a “shit load o’ cash”.

I am not a lawyer and I am not even in your country. However, a legal term you might want to investigate is constructive dismissal. I’m not saying that knowing what that term means will necessarily help you in the slightest, just that it might be a starting point to investigate what can be done (in the unlikely event that something can be done).

NOLA Cajun That is exactly right, I feel that I am being treated uneaqualy and /or unfairly (dicriminately) at my employment, for reasons that are unknown, to me . As far as I can determine whether my co-workers ,love or hate me should make no difference as far the work place.

Canadjun Thank you for your input