Module eight. coping with discrimination. one only has to check the EEOC website to know that in spite of laws and significant progress against discrimination in the US workplace, it is still pervasive. If you feel that you have been a victim of discrimination, there are actions that you can take to gather data and protect yourself. Identifying if you have been discriminated against knowing your workplace rights. Depending on the size of your employer, where you live, and your profession, you may be entitled to certain legal protections in the workplace, including the right not to be discriminated against because of your race, national origin, skin color, gender, pregnancy, religious beliefs, disability or age.
In some countries marital status, sexual orientation, gender identity or other characteristics, the right to work in an environment free of harassment, fair pay, to be paid at least the minimum wage plus with some job classifications and overtime premium for any hours worked over 40 in one week, or in some places over eight hours in one day. A safe workplace the right to take leave to care for your own family members with serious health condition, or following the birth or adoption of a child potential signs of discrimination, demographics if where you live and the industry in which you work at a hospital centage of a particular ethnic group, but its members are not higher. This could indicate institutional racism. promotions in specific ethnic groups are not being awarded promotions despite having a plan qualifications and getting good interviews. This could be sign up discrimination. However, you would have to try to discern whether the particular ethnic groups individuals are the best candidates for the promotional opportunities.
High turnover for minorities, if members of a particular ethnic group are experiencing high turnover, this can indicate that the environment is not conducive to diversity and can suggest discrimination. wage discrimination. A wage survey could determine if there is discrimination in the wages offered. to a particular group of employees, any differences should be normalized based on education levels, experience and work performance. Once accomplish, wages should be similar. It is possible that some employers offer less than members of a certain groups, no matter what their qualifications are.
Individual stories and experiences. Often colleagues who have submitted bids for job postings will compare notes wants to Job has been awarded. Examples of potential discrimination Here are several examples that may be indicative of workplace discrimination. For the same infraction, one employee receives a warning whereas another is fired. At a large retail company sales women are paid less per hour. work in the same job description as salesmen.
Engineers over 50 at an aerospace company are not invited to training programs for new technology. A computer program who has become blind is not provided screen reader equipment by their employer. Finally, find and read your organization's discrimination and complaint policy, if one exists. Methods of reprisal we prize was retaliation for injury with the intent of afflicting at least much injury in return. Retaliation occurs when an employer employment agency or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity. The EEOC describes retaliation as follows an employer may not fire, demote, harass or otherwise retaliate against an individual for filing a charge of discrimination, participating in discrimination proceeding or otherwise opposing discrimination.
The same laws that prohibit discrimination based on race, color, sex, religion, national origin, age and disability as well as differences between men and women performance substantially equal work, also prohibit retaliation against individuals who oppose unlawful discrimination, or participate in employment discrimination proceedings. Examples include termination or disciplinary action, denying a promotion for which the employee was in line, threatening the employee who files a complaint assigning more unfavorable tasks or duties That was normal for the employees previous to the finally the charge or than are currently normal for other employees. Given the employee poor performance review after the charges filed, especially when previous performance evaluations were positive, selling to give a raise, otherwise do such as seniority raise, refusing to communicate with the employee, providing close supervision, especially if it was absent before. enforcing work rules previously not enforced or loosely enforced, encouraging other employees to shun the person making jokes or comments about anything related to discrimination.
Moralizing, criticized or implying disappointment for filing a charge any other actions such as an assault or unfounded civil or criminal charges which are likely to be fair, reasonable people from pursuing their rights. Choosing a course of action. If you suspect that you are being discriminated against gather and write down answers to the following questions. Where did the alleged discrimination event occur? who allegedly discriminated against you, your boss, a co worker? Someone else in the organization?
What did the person do or say to you that were different from how he or she treated others? Why do you believe a person discriminated against you? Are you able to make a clear link between his or her actions or words and your protected status? document the proper gathered documentation take careful notes of key conversations. events. Note the time, date and names others who were present.
If there are legitimate documents to which you legally have access that support your position, assemble them. These might include company policies, offer letters, performance reviews, memoranda, emails, and other correspondence and your employee handbook. Talk with your co workers, if they witness any events, and lists their support by asking them to document, sign and date their observations, or what they heard. Know your rights and legal deadlines. The more you know about your legal rights in the workplace, the more confident you will be in presenting your problem. Check the EEOC website and your state's Department of Labor file find the appropriate law which has potentially been in frenched you may wish to explore a mediation or arbitration solution, also known as alternative dispute resolution or ADR.
State laws set deadlines called statute of limitations would vary depending upon the type of action occur. If your employer doesn't take action within a reasonable timeframe, or if you are demoted or fired, considered whether to take legal action. consulting an attorney is an option to learn about the strength of your claim, what deadlines apply, and what remedies may be available to you. Ask for a meeting with your employer. Understand the grievance procedure appeal process. Obtain a written copy of the grievance and appeal process from your employer.
Have a discussion with your employer this open is the opportunity to air differences. The problem may stem from an oversight, a misunderstanding, or lack of legal knowledge. Most companies want to stay within the law and do the right thing. stick to the facts. before meeting with your employer, write a brief summary of what has gone wrong and your recommendation for resolving the problem. It might help to have someone more objective, such as a friend or family member, review the facts and brainstorm with you about possible resolutions.
Make sure not to leave any important facts out. We mean come. Dealing with a workplace problem can be stressful, but unfounded accusations and emotional outbursts won't help you get your point across or make you feel better. Practice your presentation ahead of time to make sure you can remain professional and come work toward the next steps. You want to gain agreement about what will happen next, with a company investigate the problem with your boss, talk to your co workers or supervisor. What will happen to performance evaluations job responsibilities over reporting relationships during the process.
Follow up. Once you have spoken to your employer, make sure to follow up on the meeting. If your employer promised to investigate the matter or talk with other employees, check back to find out the status of those actions. After a few weeks have passed, schedule another meeting with your employer to discuss what progress has been made in resolving your problem. Understand termination. If you are being fired from your job, acts for the reasons for your dismissal and accept the reasons we put in writing.
Caution if you resign for your position, challenging a district A nation action is much more difficult. Case Study. Ali knocked on the door of his co workers office. Sophia answered it. Hi, Ali. What's up?
Come on in. I'm on a break. Ali said Sophia, I need your help with something. I think I'm being discriminated against here in the office. So fear remember at their last diversity training, that when employee goes to their supervisor, the supervisor needs to keep the matter confidential. While Sofia wasn't a supervisor, she shut the door behind them to give him confidentiality.
Ali said, Do I need to tell my supervisor? Should I go to human resources? Do I need to call a lawyer? Sophia said well, first let's take a look at our company's discrimination and complaint policy. Ali asks, do you have a company? Yes, actually one after our last training, they went over the policy and Ali took the next step needed in the process.