When you get discriminated against or harassed in the workplace it is a big deal and can severely impact you. Anyone can be a victim of this. It can be a scary situation to be in. You may fear reporting it because they threatened your job. Or you may have reported it and nothing has been done about it. Harassment and discrimination in the workplace are far too prevalent. You know their behavior was unjustified and you want to seek justice. It’s important to take several steps before filing a suit with your employer. You must first speak to the offender, make an internal complaint about their behavior, and then you must file an administrative charge.
Speak to the Offender
The first step you must take in this process is confronting the person who’s behavior made you uncomfortable through their discrimination or harassment. Although you may not want to do this, it’s important that you do. This may be a way to get them to stop their behavior without having to bring a lawsuit. This will also help if you bring a lawsuit because it showed that you attempted to get them to stop this behavior. It serves as a piece of evidence. This will also prove the behavior was unwelcome if they continue to do the behavior and ignored your request for it to stop. Proving their behavior was unwelcome is important in these types of claims. It’s also important to make sure you put your concerns down in writing.
Make an Internal Complaint
You should follow the company’s procedure for reporting discrimination or harassment. Often times, this is reporting your complaint to their HR. Make sure that you keep a written copy of your complaint that you have sent them. This will help hold your employer liable and also serve as more evidence. It shows that they were aware of the situation. It also proves that they had the opportunity to remedy the situation.
File an Administrative Charge
Before you can bring a lawsuit on your employer, you must file an administrative charge with either EEOC or another similar state agency. If you don’t do this before bringing a lawsuit, then your lawsuit will be thrown out. You may also need to file with your state’s fair employment practices agency. The EEOC or other agency will choose to either further investigate the situation, dismiss your claim, or request that you meditate or settle the dispute with your employer. The end of the process will be them giving you a right to sue letter. After this, you can file a lawsuit against your employer.
If you are harassed or discriminated against in the workplace it can be incredibly frustrating. Your employer had a duty to make sure all employees were in a safe work environment. Someone in the organization changed that for you. It’s completely unfair. You deserve a say and you deserve to feel safe. When you’re harassed or discriminated against and your employer does nothing, it’s time to hire an employment law attorney. When dealing with this delicate subject matter, you want someone who is experienced and an expert in the field. Rager & Yoon – Employment Lawyers has years of experience and is an expert in discrimination and harassment cases. Contact them for a free initial consultation at 310-527-6994 or fill out this contact form.