Wednesday, April 4, 2007

Document acts of workplace discrimination

Fight back against Unlawful Discrimination
Are you concerned that your treatment at work might be unlawful discrimination? Generally speaking most employees are employees at-will. What does it mean to be an employee at-will? You can be fired for no reason, a good reason or a bad reason. You might think that does not sound very employee-friendly. The "at-will doctorine" merely gives the same right to an employer that it gives to an employee to end the work relationship. The "at-will doctrine" protects employees from employers when the employee wants to quit, otherwise, an employer could sue for damages.
What is unlawful is when the employer's decision to terminate an employee (an adverse action) includes characteristics about a person that are unchangable, which are clearly defined as protected classes in discrimination law. Protected classes include: age (over 40 years), sex (includes harassment based on sex), race or color, national origin, disability, religion and in some states sexaul orientation.
What can you do if you believe your treatment at work is unlawful discrimination? Advice I often give a person who believes he or she is a victim of discrimination is Documentation, Documentation and more Documentation. Buy a notebook and pen (avoid using employer property) and take your own notes about what is happening. As soon after the event as possibile write down what happenned, who was present, what was said or done and where and when the event(s) took place. Because people in the workplace who discriminate will never admit to their animus, you can take steps to uncover their hidden animous. Your notes taken close in time to a discriminatory event can be valuable pieces of evidence. Take notes on co-workers (outside your protected class) who receive perferential treatment -- a comparison of treatment is an effective means of uncovering discrimination.
Feel free to post specific questions about your employment situation or you can email me at
attyosbn@gmail.com