Unfortunately, in many institutions and facilities throughout New Jersey and Pennsylvania, workplace discrimination is a reality that many employees face. Workplace discrimination may manifest in a variety of ways, including unfair treatment based on one’s race, gender, age, disability, sexual orientation, or reglion. If you believe that you have been impacted by workplace discrimination, it is important to know that it doesn’t have to be normal. Let’s discuss how to handle workplace discrimination effectively, so that you can work in a safe and fulfilling position.
Key Takeaways
- Understand and identify various forms of discrimination, including direct and indirect discrimination, harassment, and victimization.
- Keep detailed records of discriminatory acts, noting dates, times, locations, involved parties, and any supporting evidence.
- Follow your company’s procedures to report discrimination to your supervisor or HR, and escalate to external bodies like the EEOC if necessary.
- Consult an employment lawyer for guidance on your rights, and consider mediation or arbitration as alternatives to court.
Recognize the Signs of Workplace Discrimination
The first step in handling workplace discrimination is recognizing it. Discrimination can take many forms, including:
- Direct Discrimination: Explicitly treating someone less favorably because of a protected characteristic.
- Indirect Discrimination: Implementing policies or practices that disproportionately disadvantage certain groups.
- Harassment: Unwanted conduct related to a protected characteristic that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
- Victimization: Treating someone unfairly because they have made or supported a complaint about discrimination.
Document the Discrimination
Once you can verify that what you are experiencing is indeed discrimination, document every occurrence. You should document incident details, including dates, times, locations, and descriptions of discriminatory acts. Record the names of those who were involved or witnessed the incidents and collect any evidence, such as emails, messages, photos, or other forms of evidence supporting your claim.
Report the Discrimination Internally
Follow your company’s procedures for reporting discrimination. This often involves speaking with your direct supervisor or manager if you feel comfortable. Alternatively, report the issue to your HR department, as they are typically trained to handle such complaints. Some organizations have specific employees or ombudspersons responsible for dealing with discrimination complaints. If internal reporting does not resolve the issue, consider filing a formal complaint with external organizations such as the Equal Employment Opportunity Commission (EEOC) or a similar state agency. They can investigate the matter and take appropriate action.
Seek Legal Advice
Consulting an employment lawyer can provide crucial guidance on your rights and potential legal remedies. An attorney can help you determine the best steps to take and represent you in legal proceedings if necessary. In some cases, mediation or arbitration can be effective alternatives to court. Mediation involves a neutral mediator who helps both parties reach a mutually agreeable resolution, while arbitration involves a neutral arbitrator who hears both sides and makes a binding decision.
Know Your Rights
There are laws and regulations in New Jersey and the rest of the country that protect you from discrimination. By familiarizing yourself with these laws, you can better advocate for yourself, with or without an attorney. However, it is always recommended that you have a discrimination lawyer at your side, like those from Swartz Swidler, LLC.
Here are some laws and regulations that protect certain populations from workplace discrimination:
- Civil Rights Act: Prohibits employment discrimination based on race, color, religion, sex, or national origin.
- Americans with Disabilities Act (ADA): Protects individuals with disabilities from discrimination.
- Age Discrimination in Employment Act (ADEA): Protects employees 40 years of age and older.
- State Laws: States may have additional protections beyond federal laws.
Protect Yourself from Retaliation
Although it is illegal for employers to retaliate against those who file compliants or attempt to bring them to justice for discrimination, it can happen. You need to know how to shield yourself from such acts. Keep detailed records of any retaliatory actions and report them immediately to HR or the relevant authorities. If you already have an active case going, this will concrete what you are trying to prove.
Follow Up
Whether you have enlisted the services of an employment lawyer, it is essential to be persistent. You want your complaint addressed. Follow up with HR or the relevant authorities to check on the status of your complaint. A lawyer can also assist with this. Should your complaint go unaddressed, a legal advocate will be able to help you proceed to the next step, which may be contacting additional regulatory bodies or taking the case to court.
Contact the Discrimination and Employment Lawyers of Swartz Swidler, LLC Today
Handling workplace discrimination requires vigilance, documentation, and knowledge of your rights. By taking these steps, you can effectively address discrimination, protect yourself, and contribute to creating a more equitable workplace. Remember, you are not alone, and there are resources and support systems available to help you through the process.
Swartz Swidler, LLC has been helping individuals like yourself get the justice you deserve. If you suspect you have been discriminated against, contact our law office for a free consultation at 856-685-7420. We will fight for your rights, as we have been since 2010.
