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When reporting workplace discrimination, it’s normal for a person to be uncertain which option is best and if there is a way to do it that wont damage result in retaliation. In this post will provide you a list of resources you can report workplace discrimination to along with recommendations on how best to communicate your claims based on the resource you are asking for help.
If you are facing workplace discrimination, want to do something about it and and don’t know how to get started — this post is for you.
Reporting Workplace Discrimination to HR
If the thought of reporting discrimination to HR feels intimidating, I promise you, that’s normal. I felt the same way and I have no doubt that if I ever need to turn to HR again, I will still feel the same way now. However, it is a better alternative than continuing to face discrimination without protection or being forced to depart the company, especially if you love your job.
Before going to HR create a timeline of incidents and collect the evidence you have that demonstrates discrimination. If you need help getting started with those steps, JustiProof can help you build your timeline and our AI can help you identify what to collect. It may also be beneficial to consult your employee handbook to ensure your following the steps recommended for reporting discrimination in your company policy. Once you contact HR, you should follow-up any conversation with a written summary of what was discussed. In this summary state your concerns again, list the evidence and outline you’re understanding of what the next steps will be.
Hopefully reporting discrimination to HR will be the first and last step you need to take to protect yourself from workplace discrimination. However, if HR fails to act on your discrimination claims and you decide to seek external support, your written summary is the evidence you need to prove the company was aware of the ongoing discrimination and failed to act.
Reporting Workplace Discrimination to your Union
If you are part of a Union, your contract should include protections against discrimination. It will also likely outline a grievance process for when claims like discrimination arise. Once you make your union aware of the discrimination, they should be able to help you negotiate a resolution while also providing reassurance that you will be protected from retaliatory action.
If for some reason the union itself fails to protect you from discrimination, you can follow the alternative paths listed below, or you can file a complaint with the National Labor Relations Board (NLRB).
Fighting Discrimination with a Lawyer
It’s a big decision to pursue legal action for workplace discrimination, but once that decision is made, many victims will quickly learn getting a lawyer to take your discrimination case isn’t easy. This is because lawyers often take workplace discrimination cases on contingency (meaning they only get paid if you win your case or agree on a settlement).
If you are still looking for validation that what you’re experiencing is discrimination, law firms are not the right resource for help. The truth is, most people who contact a law firm never speak to a lawyer, because they can’t make it past the intake personnel responsible for recording the details of your case and passing it to the legal team to review.
When you contact a law firm, be prepared to explain yoru claims in the terms a lawyer will care about - violations that resulted in financial damage (denied promotion, termination) and the evidence that this damage was caused by discrimination (emails, messages, performance reviews). If you’re not sure how to do this, JustiProof can help you build your case and summarize it based on the resource you’re seeking help from.
Another thing to be aware of, retaining a lawyer for your discrimination case will likely slow things down. I thought once I had a lawyer the situation would be resolved quickly, but it wasn’t and I spent a full year in a bad situation while I waited for and engaged in mediation that ultimately failed.
I discuss this in more details, as well as other things you should be aware of when obtaining legal representation in The Pros and Cons of Getting a Discrimination Lawyer.
Fighting Discrimination with Government Agencies
Government agencies like the Federal Equal Employment Opportunity Commission (EEOC) or your state based civil rights agency are tasked with enforcing civil rights. These agencies can investigate your discrimination claims and they have their own lawyers who can help you recover damages through mediation, settlements or litigation without you needing to get your own lawyer.
However, these agencies have strict filing deadlines and overwhelming caseloads, so it’s important to be informed and proactive when it comes to filing your case and preparing for your intake call. Not sure what the filing deadlines and laws are in your state?
During your intake call with the EEOC (or similar agency) you’ll want to have specific examples of discrimination or retaliation, ideally examples of discrimination where you have evidence. A common complaint from victims who go to government agencies is that it takes too longs to schedule the intake call (often months) and once they do, the agency puts in minimal effort. Reviewing public forums on agencies like the EEOC will reveal complaints that the agency barely investigated before accepting a company’s excuses and closing the case.
Go in knowing that the civil rights agencies are overwhelmed and that your company is going to deny the claims and prepare accordingly. Follow the same steps recommended when communicating with an attorney, except you’ll want to be prepared to provide them your full timeline and all the evidence you have following the intake call.
Support Through Advocacy Groups
There are both federal and local non-profit organizations that may be able to provide legal guidance or at a minimum, a sense of community and support. American Civil Liberties Union (ACLU) is among the most well known, but many protected classes have specific agencies that can also help including National Women’s Law Center, The LGBTQ+ Bar, NAACP Legal Defense Fund. If you qualify as low-income, there are additional options which you can find by searching for “legal aid” in your city, county or state.
Additionally, there are organizations focused on driving change and fighting for civil liberties on a larger scale. For example, I found support by working with End Workplace Abuse. Even if these agencies do not provide legal guidance, you may find fulfilling work and a sense of community by signing up as a volunteer or member. These new connections not only open up new opportunities to exchange experiences and ideas, but can provide a sense of fulfillment as you work collectively towards creating change.
Knowing Your Options Is Key To Protecting Yourself Against Discrimination
The more information you have regarding your legal rights and what options exist, the better prepared you are to protect yourself against discrimination when and if it happens to you.
When you're ready to take those steps, make sure you go in prepared.
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