Step 2: Employment Discrimination: What to do if your employer discriminates against you.

By Hardeep | August 17, 2007

My previous post gave you an overview of what your employer cannot do. If your employer discriminated against you or retaliated against you based on the reasons listed in my previous post then you may have suffered illegal workplace discrimination. Your next step is to see if your employer will do something about it. This is a simple step but can often be difficult for an employee. If you are facing discrimination from a co-worker instead of your supervisor, you should complain to your supervisor. I always urge people to complain in writing, and keep a copy for yourself. If your supervisor is discriminating against you then you should complain to his or her boss. Again do it in writing and keep a copy for yourself. Also, look into whether or not your employer has a handbook or an anti-discrimination policy. If they do you should use that process. Sometimes employers even have a hotline you can contact.

Your complaint does not need to be complicated. Just simply explain that you feel that you are being discriminated against, explain how you were discriminated against and who is or was discriminating against you. The letter can state what actions you feel constituted discrimination. For instance, did someone say something racist? Or did you get passed up for a promotion? Were you written up while others were not? You don’t need to list every action. If you don’t list every action of discrimination then it will be helpful to tell your employer that not every action of discrimination is listed, only examples. You should know that if you end up filing a lawsuit, this letter will most likely be used as an exhibit. So it is important to be accurate about the facts. You may want to consult an attorney before sending them the complaint, but it is not a requirement.

Most importantly, use your judgment. There may be times when raising discrimination will not help. For instance, if you work for a company where there is constant discrimination and everyone is involved. Even in these cases, I urge people to let their employers know of the discrimination. It is not a requirement, but sometimes this is the quickest way to clear things up.

Unfortunately, some employers may start to treat you worse after you complain about discrimination. If that happens, your employer may be retaliating against you. If you get fired or are treated worse or differently by coworkers or your supervisor shortly after complaining, this is also illegal. You should seek legal advice. You can contact us or go directly to our website.

Don’t Wait. If you are or believe you are a victim of discrimination, you have only a small amount of time to file a claim. In order to recover under federal law, you must file a complaint with the EEOC within 90 days (sometimes within 180 days) of the action(s) that you believe constituted discrimination. This means you can’t wait. Contact an attorney that can help you. You can also contact us for more information. If you fail to take action within this time period you may be barred from bringing a claim.

Come back for the next installment: Step Three.

Topics: Age, National Origin, Disability, EEOC, employment discrimination, Pregnancy, Sex, Washington Law, Gender Discrimination, Discrimination, Retaliation, Race, Title VII | No Comments »

Employment Discrimination: What to do if your employer discriminates against you.

By Hardeep | August 13, 2007

This is the first post in a series of posts about what to do if your employer discriminates against you.

Step one: Determine the basis for discrimination.

Ask yourself why you believe your employer discriminated against you. What is the basis? Is it because you are a woman? Because you are Muslim? Because you wear a turban? Because you are black or African American?

There are a number of Washington State and Federal laws that prohibit employment discrimination. If you believe that you fired because of one the following reasons, then you may be a victim of discrimination.

In addition to the above reasons, if an employer retaliates against you for fighting or opposing or helping someone fight or oppose discrimination then that is also unlawful. This is not a complete list of unlawful employment actions. There are also other laws that protect an employee, such as whistle blowing laws. I will save that for another post.

I also suggest that you write your thoughts in a journal or somehow take notes. Writing things down sometimes helps. Try answering these questions. What happened? What did your boss or co-workers do or say that made you feel like there was discrimination? How did this make you feel? Why do you believe you were discriminated against? Writing things down helps you process. Writing things down may also be useful if you need to file a lawsuit later.

Not all reasons for discrimination are illegal. For instance, if your boss doesn’t like blue ties and she fires you for wearing a blue tie, then this is not illegal.

Let me give an example: Suppose Bobby is an African American employee. He loves to wear blue ties. His boss, Mr. Headman, hates blue ties. One day Mr. Headman comes to work. He finds Bobby and five other employees of different races, genders and origins wearing blue ties. Mr. Headman fires everyone that is wearing a blue tie. This is not illegal. It probably would never happen, because employers don’t fire people for such reasons. Now, if only Bobby gets fired for wearing a blue tie, and others of different races, genders or origins who are also wearing blue ties don’t get fired, then Bobby may believe that he was fired because he is African American.

Don’t Wait. If you are or believe you are victim of discrimination, you have only a small amount of time to file a claim. In order to recover under the federal laws above you must file a complaint with the EEOC within 90 days (sometimes within 180 days) of the action(s) that you believe was discrimination. This means you can’t wait. Contact an attorney that can help you. You can also contact us for more information. If you fail to take action within this time period you may be barred from bringing a claim.

Come back for the next installment: Step two.

Topics: Marital Status, Disability, Age, Sexual Orientation, EEOC, Gender Identity, Gay, Lesbian, National Origin, Pregnancy, Discrimination, Washington Law, Gender Discrimination, Retaliation, Race, Sex, Color, Title VII | No Comments »

Fixing the Ledbetter Decision

By Hardeep | August 6, 2007

Recently, in Ledbetter v. Goodyear Tire (PDF), the U.S. Supreme Court held that Ledbetter’s claim was untimely because the plaintiff failed to file her claim within 180 days of receiving her paycheck which she alleged was smaller because she was a woman. The very basic facts are as follows: Plaintiff was a woman getting paid significantly less than her male counterparts. Plaintiff retired in November of 1998. She filed a charge with the EEOC under Title VII for discrimination based on gender, alleging that she was paid less because she was a woman. Defendant argued that she could not recover any damages for acts occurring prior to September 27, 1997 (180 days prior to the date of her filing). The Supreme Court agreed.

This is a significant opinion for all employees. The rule adopted by the Supreme Court seems to state that a person that receives lower pay based on discrimination must file with the EEOC within 180 days (sometimes less) of receiving the smaller paycheck in order to recover.

For any worker that receives a paycheck this clearly raises a number of issues. How many people out there know how much their co-workers earn? Not many.

Congress is working to fix the Ledbetter decision. The house passed the Lilly Ledbetter Fair Pay Act of 2007 (HR 2831 EH) in a 225-199 vote. The bill would amend Title VII, the Age Discrimination in Employment Act, the Americans With Disabilities Act, and the Rehabilitation Act to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice.

The White House is threatening to veto the bill if it passes in both houses. The reason given seem unclear. However, the White House may not get a chance to veto the bill, as it will be a tough fight in Congress. We will keep you posted.

Topics: Gender Discrimination, Congress, Equal Pay, Supreme Court, Ledbetter, Title VII | No Comments »