Do’s And Don’ts For Workplace Discrimination Victims
There are laws to protect employees from discrimination in the workplace, but of course that doesn’t prevent it from occurring. If you’ve been discriminated against in the workplace and have reported it to the relevant authorities, there are certain things following the incident, that you should and shouldn’t do, both if you are still employed, or if your position has been terminated:
Do’s for victims who are still employed ●
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Document everything: Making a note of all things relevant to your case is essential if you are to win it, and there is also a doctrine known as spoliation that a judge could penalize you under for failing to keep documentation. This also includes keeping hold of any written/emailed documents sent to you by anyone relevant to your case. Get in touch with your union representative: Unions are often the quickest way to resolve discrimination disputes in the workplace, and you should contact your representative as soon as you have a case.
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Know your EEO rights: If you’re a federal employee, you will be protected under the equal employment opportunity laws, so it pays to know your rights before an incident occurs. Make your complaint in time: Federal employees must contact an EEO counsellor within 45 days of the incident in question, private sector employees have 300 days, otherwise the complaint cannot be enforced.
Don’ts for victims who are still employed ●
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Avoid insubordination: If the discrimination case means that you are already viewed as being in trouble at work, don’t make matters worse by disobeying your employer or giving him/her reason to fire you. Office computers are not for your confidential records: Most employers can access office computers whenever they choose, whether it’s assigned to you or not, so don’t use them for storing any records that you wish to remain confidential.
Do’s for victims whose employment has been terminated ● ●
Keep hold of personal items: These belong to you and you have a right to keep them, some may even be relevant to your case. Quickly return items given to you as part of your employment: You may have been given a laptop or a cell phone as part of your employment package, for example, but if these were not yours to keep, then you should hand them back promptly.
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Look for alternative employment straight away and record your searches: You will need to begin earning again as soon as you can, and if you win your case, you may forfeit the right to collect lost pay if you can’t prove that you’ve been looking for alternative employment. Print copies of your online searches and try to make contact with at least 4 or 5 employers/companies a week. Register for unemployment benefits: This could tide you over until you find another job, and even if your employer fired you for misconduct, they must be able to prove that in order to stop you from receiving unemployment benefits. Try to remain on good terms with co-workers: It may be that some of your co-workers could be witnesses, in which case you would benefit from keeping them on side.
Don’ts for victims, whether still employed or not: ●
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Avoid making comments about your situation via social media: Remember that employers often search sites like Facebook, YouTube and LinkedIn for information on current and potential employees. Don’t be disappointed if your case isn’t resolved quickly: Employment discrimination cases can be long battles in which there is no quick winner, so be patient and try not to lose heart too soon.
Law Office of Jesse D. Nelson is an employment law firm located in Knoxville, Tennessee. We are in business to represent employees. We also represent people facing family issues, such as divorce and child custody. We tailor a strategy for each case based on what is most important to you, our client. Whether you are looking for employment attorney in Knoxville, TN or labor attorney in Knoxville TN, call us today at (865) 383-1053.