Every employee deserves a fair and equitable workplace. Unfortunately, that’s not always the reality. If you believe you’ve been subjected to employment discrimination, knowing you have rights is important. Taking the proper steps can protect those rights and help you address any unfair treatment.
This guide will walk you through what employment discrimination looks like, what steps to take if you experience it, and how you can seek legal assistance.
What Is Employment Discrimination?
Employment discrimination occurs when an employer mistreats an employee or job applicant based on a protected characteristic. Under federal law, these characteristics include:
- Race or ethnicity
- Gender or gender identity
- Religious beliefs
- National origin
- Age (for workers over 40)
- Disability
- Pregnancy
- Sexual orientation
Discrimination can happen at different stages of employment, from hiring and promotions to termination and pay disparities. For example, an employer may refuse to interview a qualified candidate because of their age or deny a promotion to an employee based on gender.
Signs You’ve Experienced Employment Discrimination
Discrimination isn’t always overt, which can make it difficult to identify. Some common signs of workplace discrimination include:
- Unequal Treatment: If colleagues with similar skills and experience receive better pay, promotions, or benefits without explanation.
- Harassment: Repeated comments, jokes, or behavior targeting a protected characteristic.
- Unjustified Negative Performance Reviews: Receiving poor evaluations without clear or fair reasoning.
- Being Excluded: Being left out of important meetings, training sessions, or workplace opportunities.
- Retaliation: Facing adverse actions, like demotion or termination, after reporting discrimination.
If you’ve noticed any of these signs, you may be a victim of employment discrimination. Understanding the steps to address it is crucial.
Steps to Take If You’ve Experienced Employment Discrimination
Taking action when you believe you’ve been discriminated against can feel daunting. Employers are often in positions of power, and navigating these situations may seem overwhelming. However, following these steps can help you protect your rights and strengthen your case.
1. Document Everything
Keep detailed records of any incidents of discrimination. This includes:
- Dates, times, and locations of discriminatory behavior.
- Names of those involved (including witnesses, if applicable).
- Email exchanges, performance evaluations, or other written evidence.
- Notes on how these incidents have affected your work or well-being.
Clear documentation is critical if you decide to pursue legal action later.
2. Understand Your Rights
Familiarize yourself with federal and state anti-discrimination laws. For example, the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act provide vital protections. Additionally, states like New York have their own laws, such as the New York State Human Rights Law, which often expand those protections.
3. Report the Discrimination
Most workplaces have established procedures for reporting discrimination. Typically, this involves filing a complaint with your HR department or direct supervisor. Make sure to follow your company’s policy carefully and submit a formal, written complaint.
When filing, include your documentation to strengthen your case. Be clear and specific about what happened and how it violated your rights.
4. Request an Investigation
Your employer is legally obligated to investigate discrimination complaints in a fair and timely manner. Keep track of how they handle your case. If your employer ignores the complaint, downplays its importance, or retaliates against you, this may be evidence of further wrongdoing.
5. File a Charge With the EEOC
If your employer does not resolve the discrimination or you are uncomfortable reporting it internally, you can file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that enforces workplace anti-discrimination laws.
Be mindful of deadlines. You generally have 180 to 300 days after the incident to file a charge, depending on your state.
6. Seek Legal Help
Finally, consider consulting with an employment law attorney. An experienced lawyer can help you understand your options, represent you in filing claims, and advocate for your rights. They’ll also ensure you meet deadlines and avoid common pitfalls that could weaken your case.
How Legal Assistance Can Help
Employment discrimination cases can be complex, involving multiple laws, regulations, and deadlines. Partnering with an attorney increases your chances of a favorable outcome and ensures that you are supported every step of the way.
At Brown Kwon & Lam, we work to protect employees from workplace discrimination throughout Long Island, Westchester County, and the entire state of New York. Whether you’ve been unfairly treated during hiring, denied promotions, or retaliated against after reporting misconduct, we’re here to help. Nobody should face discrimination at work. If you believe you’ve experienced unfair treatment, don’t wait to take action.
Get in touch with us at (212) 295-5828 or fill out our online form today. Together, we’ll help you reclaim your rights and build a fairer workplace.