Steps to Take If You Are Facing Race or National Origin Discrimination
Do you suspect there is discrimination based on race or national origin happening at your workplace? Our San Jose discrimination attorneys tell you what you can do about it.
1) When Discrimination Is Obvious
Sometimes the people around us, such as supervisors and managers, do not attempt to hide that they are racists. They make racial slurs and jokes. They tell you or your co-workers outright that people of your race will not be promoted at your company. They are blatantly biased against racial or ethnic group(s). When you are around these types of people, you know race plays a role in their decisions. Our experienced San Jose discrimination attorneys can help you take action against your company today.
2) When Discrimination Is Suspected
Some people are more circumspect in their biases. They do not make blatant comments against other races, but you suspect they harbor discriminatory tendencies. For instance, your company may not have anyone of a certain race in a management position. Maybe you have noticed that people of color are punished for workplace infractions, while white employees commit the same infractions with no consequences.
Sometimes there is another explanation for what seems like discrimination. How are you, as an employee, going to find out? Your supervisors and managers are not going to own up to discrimination if they are taking steps to hide it. Let our skilled San Jose discrimination attorneys help you determine if you are being discriminated against.
Take Action – Prepare For Battle
Whether the discrimination at your workplace is obvious or not, you should create a record of the discriminatory behavior, so you have evidence to support your claim.
Keep a log – Write down entries for every statement/joke/prank that is offensive or could be motivated by racism. Print out anything you see that is suspect, such as emails or in company bulletins. Make copies or take pictures of racially biased content passed around the office. Include entries detailing employment decisions, such as who gets hired, fired, promoted, especially if you think those decisions are motivated by racism. All of your entries should be dated, to give support to your account. Your log should be kept private and secure!
Get corroboration from your coworkers – If you have noticed discrimination in your workplace, others probably have as well. Your coworkers could have valuable information that you can add to your log, especially if they have been working there longer than you.
Create an official record of your complaint – Especially when you have a specific instance of racism to complain about, you should use your company’s complaint policy, or go to the human resources department. If your company does not have those resources, lodge your complaint with a high-level manager or supervisor who does not seem directly involved in the problem. Even if you are not sure your complaint is a result of discrimination, bring it to management’s attention and ask them to investigate.
Contact a government agency – Once you have created a record of your complaint and your company does nothing about it, you should file a charge of discrimination with the federal Equal Employment Opportunity Commission (EEOC) and/or your State’s fair employment practices agency. These government agencies have powers that you as an employee do not. They will expect an explanation from your employer in the face of your charge. They can investigate and ask for documents and proof of why certain employment decisions were made.
Go to Battle
If none of your actions result in your employer ceasing to discriminate, you can bring a lawsuit charging the company with discrimination. However, before you can file a lawsuit, you must first have filed a charge with the EEOC or a State agency.
Get Help From Top San Jose Discrimination Attorneys
If you have been the victim of employment discrimination, it is important to understand the remedies that are available. Call the San Jose discrimination attorneys from the Costanzo Law Firm, APC today at 408-993-8493.