For some, the idea of discrimination at work may seem ridiculous. Sadly, as socially conscious as many people are, workers face continuing discrimination or retaliation based on things that all of us should be protected from. Workers who are victims of workplace discrimination or retaliation will benefit from knowing their rights. We discuss workers’ rights in this post.

Report the wrongdoing in a timely manner

If you have been the victim of discrimination or retaliation, it is important to take prompt action. In addition to preserving available evidence, quick action also forestalls continuing wrongdoing and assures that if help is on the way, it will get there faster.

Keep a running record of the incidents

Make sure that you retain the evidence to support the accusation. In addition to making detailed descriptions of the incidents, record the dates of occurrence. This evidence can take many forms, including:

•· Voice messages

•· Notes

•· Emails

•· Text messages

•· Tape recordings

The failure to provide support for your claims not only casts doubt upon your claim, it makes it difficult for your employer to move forward with or complete an investigation. In New Jersey, it also sets you up for a legal presumption that the employer could not have known about the problem, because you didn’t report it.

Stay calm

Dramatic outbursts, acting out, and rash decisions can work against you. Don’t quit your job in anger. Don’t conduct your own investigation. Don’t confront your abuser or have others do so for you. Stay off the company intranet and avoid at all costs blogging or social media outlets.

Understand that after you provide your employer with evidence of the incident(s), the business will need some time to look into matters before anything can be done. Taking the needed time is a form of due process, and it is understandably important for everyone’s sake.

Be reasonable with your expectations

It is important to recognize that while you may find it difficult to work with the person who has discriminated against or harassed you, the end result of the investigation will not necessarily be that they are fired. There are multiple ways in which such a matter may be handled by an employer besides termination or other severe discipline.

On the other hand, if the employer rubber stamps a bad investigation or retaliates against you rather than helping you, then your lawyer can raise a red flag and let the employer know that a claim to the US Equal Employment Opportunity Commission or a law suit under the NJ Law Against Discrimination is imminent. It is also possible for your lawyer to negotiate a transfer or a fair severance agreement.

Conclusion

There is no question that dealing with discrimination or harassment at work is stressful. It can also be complicated. Accordingly, many find it beneficial to work with an experienced employment lawyer to help you work through the issues and resolve them favorably. Your lawyer can do things that you cannot, like contact the investigative office and assure that your perspective and your witnesses are considered before a decision is reached.

Please call or write us today to schedule an in person consultation. We will be happy to help you, and our lawyers and support staff will make you feel much better than you do right now.