Why Internal Escalation Is Required To Fight Workplace Discrimination

When faced with workplace discrimination, retaliation, or harassment, most people — myself included — are afraid to report discrimination to leadership or HR. We not only fear retaliation, we are often still questioning our own judgement and if we're right. Yes, we know something is off, but saying the word discrimination is a big deal and we know it. Then there is the hope that maybe it will get better on it's own and we can avoid the whole uncomfortable situation.

Unfortunately though, staying silent rarely works out. I have heard from many who tried staying silent and keeping their head down, only to find themselves systematically pushed out by the person discriminating. They found saying nothing only made it easier for the discriminating party to manipulate their work environment, damage their reputation and terminate them. Worse, because they never escalated, they have no path to recovering for the harm done to them.

This is why it's crucial that you report your discrimination concerns to HR or leadership, because it is only by escalating to those with the power to protect you that you give them the opportunity to help you -- or fail you. In this post, we’ll explore the reasons why escalation is important in more detail.

1. You Must Exhaust Internal Options First

In most workplace discrimination cases, you must prove that you exhausted the internal complaint process before pursuing legal action. By escalating your concerns to HR or company leadership, you show that you were motivated by a desire to get help, not just to take legal action.

2. Gives the Company a Chance to Correct the Issue

Escalating gives your employer the chance to correct the issue. While it may be frustrating to continue escalating without seeing immediate results, it’s important to give your company an opportunity to investigate the discrimination and take action. This timeline can range from a few weeks to a few days depending on the claims and complexity.

And the company may take corrective action, allowing you to resolve the issue without legal intervention.

3. Establishing That the Company Knew and Did Nothing

If you escalate your discrimination claims in writing and leadership or HR failed to take action, you now have the evidence you need to prove the company itself failed you and is legally accountable for the harm you experienced due to discrimination or retaliation.

This is important, because workplace discrimination cases are almost always against the employer, not the individual(s) who discriminated or retaliated (though they may be named).

4. Establishes a Timeline for Retaliation (If needed)

Unfortunately, retaliation is common in workplace discrimination cases. If this happens, there is no getting around the fact that it makes an awful experience even more intolerable.

That said, your right to report concerns regarding discrimination is legally protected and your employer can be held accountable for any harm you suffer in retaliation as a result. However, again it is crucial you document your escalations in writing, as it will help to establish a timeline that links the retaliation to your escalation.

Conclusion

Filing a lawsuit against your company is a serious step, which is why you must exhaust your internal options first. Yes, legal resources exist and can help you, but you will need to prove to those resources (whether an EEOC investigator or an employment lawyer) that your case should be prioritized over the thousands of other cases brought to them. This requires not just demonstrating that you were discriminated against, but that the employer was given a chance to step in and failed to do so.

Equally important, is documenting each escalation and any response (or lack of response) you receive. You shouldn't expect your employer to fight fair in a legal fight, which is why you must capture the Evidence to Prove Your Workplace Discrimination Claims.

If the idea of taking these steps feels overwhelming and exhausting, we recommend taking a look at JustiProof and our 5 step guide to protecting your career from workplace discrimination.

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