Here are a few things you should know before you go the legal route.
Workplace discrimination takes many forms, and its more common than you may think.
Far more reported unfair treatment, and all of those numbers are likely under-reported.
In other cases, it can just be one manager acting out their personal prejudices.
We sat down with Elizabeth Unrath, a labor and employment law attorney, to talk about it.
Find a sounding board.
Lay out the facts for them and ask their opinion.
Do not have this conversation with anyone you work with.
Not a work friend and definitely not HR.
This can be particularly helpful in situations where a single comment or event occurred.
Inappropriate behavior happens often in workplaces, but not all inappropriate behavior is legally actionable.
90% of the employees contacting me about discrimination do not have a legally viable case.
Your boss hating you, or being a jerk, is not illegal.
This is why some solid advice from a spouse/shrink/lawyer can be helpful.
have a go at get their actual opinion on the situation.
Alternatively, maybe youve decided that the job youre in is one you want to fight for.
You really have three options.
Lets run them down, one at a time.
Getting good advice as soon as possible is critical, so dont delay.
Look for your companys anti-discrimination policy (but dont talk to HR to get it.)
Look it over and see if it addresses the behavior youre seeing.
They say:
Keep a diary of any incidents of discrimination or harassment.
Your next step is to reach out to an employment lawyer or EEO expert.
Once youve found a lawyer, you gotta knowhow to talk to one and what to bring.
You may also want to reach out to theEEOCdirectly.
it’s possible for you to even usethe EEOCs assessment toolto see if what youre dealing with qualifies.
Your results are anonymous, but youll need to come forward if you want to file a charge.
Either way, get the thoughts of an expert.
But being a jerk isnt illegal.
If you dont want to leave, its time to have a direct conversation with the person at fault.
This conversation doesnt have to be confrontational, either.
Behonest and assertive, and avoid making a value judgement.
You just want them to treat you with respect, and work inan environment that isnt toxic.
Most employment lawyers know full well that talking to HR often leads to retaliation for many marginalized people.
Human Resources is there to protect the company, not to protect you.
Elizabeth explains:
And also, you still shouldnt talk to HR.
Always remember that you and HR have the same employer.
HRs job is to protect the company.
This is a much more common situation.
Many employers are smart enough today to realize they shouldnt say certain things out loud.
Ive had clients that have stolen budget and salary documents from HR offices.
I do not recommend that people do that, lest you end up being accused of theft.
Talk to an employment law attorney about your rights.
Document everything andplan your escape.
Dont stick around and risk retaliation.
Of course, thats easier said than done.
The worst thatll happen is that everyone will agree that what youre going through is crappy.
Be careful, and make your call based on the long haul, not just today.
Elizabeth Unrath is a Los Angeles-based Labor & Employment Law Attorney at theDer-Parseghian Law Group.
Robert A. Odell is an employment discrimination attorney in Los Angeles, CA atWorkplace Justice Advocates, PLC.
Both volunteered their expertise for this article, and we thank them.
Illustration by Sam Woolley.
