There’s no questioning the fact that having a job is a blessing. No matter the role you fill and the industry you’re working in, you have the right to earn a living through a job that observes ethical and legal practices. However, you can’t expect all companies to follow this basic component of acknowledging the right to fair employment. There are bad apples that go as far as excluding people not based on their performance, but on their identities.
Employers who practice discriminatory acts towards employees belonging to a certain race, religion, ethnic group, as well as socio-economic bracket are answerable to the law, especially labor regulations meant to prevent and punish such acts.
Being an employee who is a victim can inflict not just economic damages on you, but may also lead to emotional effects that could also affect your capacity to take up another job. Fortunately, you are well within your rights to hold an erring employer for being discriminatory toward you. It’s only a matter of knowing how the process works as you take the necessary legal steps.
1. Know what discrimination entails
It’s essential that you have a thorough grasp of what constitutes discrimination inflicted by an employer. Under existing labor laws, practices considered to be discriminatory include being terminated for frivolous reasons or demoted to a minor role despite your performance results. Discrimination may also take the form of blatant or subtle references to your skin color, disability, gender, or other facets of your identity, which may come off as degrading and humiliating.
Even if it’s your boss who insults you or acts coldly towards you for no particular reason, you may have a good reason to hold the company liable for discriminatory practices, especially if such practices are being tolerated or incorporated into the work culture. When things get toxic and it’s clear that you’re always singled out, then you might as well make your move.
2. Look for patterns and proof
Just like any form of legal action, taking steps to hold your employer liable for discriminatory practices puts the burden of proof on you. You can’t expect progress if your claim doesn’t show compelling evidence that discrimination is systemic in the workplace. If you intend on taking legal action, it matters to backtrack on your past conversations and keep copies of digital correspondences such as emails and direct messages.
You might also want to talk to your co-workers, especially those who suffered retaliation for reporting discrimination, either through being terminated or getting a massive pay cut. Their testimonies could strengthen your case if ever your claim reaches court.
3. Deal with the case with your HR first
Before sending your complaint to higher authorities, it’s important to have your case reviewed by your company’s human resources department. The problem may be happening under everyone’s noses, and reporting it internally first can help you address the problem without unnecessarily escalating it to a full-blown lawsuit.
However, if your HR representative already knows of such practices but fails to act or chooses to ignore them, then you may have to file a complaint before an agency overseeing labor law compliance
4. Get a seasoned labor law attorney
Once you have filed your complaint before a relevant agency, you will need to get a legal expert by your side who can walk you through the process. Quality representation allows you to simplify the legal steps you need to take and allows for a higher success rate.
A good labor lawyer can also help you negotiate terms with your employer and guide you on what to say and do that won’t jeopardize your claims. With their support, you will avoid making statements and actions that will only lead to a more difficult court battle in the long run.
Endnote
Modern society has no place for companies that exclude people on the basis of who they are, what they believe in, and where they come from. If you’ve been a victim of such practice, then keeping this guide in mind will guarantee victory, not just for yourself but also for everyone else facing such harsh realities.
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