No employee delights in suing their employer. To the contrary, employees often experience mixed emotions holding their employer accountable given the emotional and physical investment they have made to the employer. If you have experienced workplace discrimination or retaliation, below are a few tips that may assist you legally:
1. Document everything: It is a good idea for the employee to document (in a notebook, personal email, etc.) offensive and discriminatory events including but not limited to who did or said something, what was done or said, who witnessed it, when did such occur, and where did it occur soon after its occurrence.
2. Complain appropriately: In many cases, the employee must comply with the employer’s policy on how to report discriminatory conduct. It is a good idea for the employee to get a copy of the employer’s policy on discrimination and make every effort to complain (in writing) accordingly, even if the employee believes complaining will not help. Complaining in writing to the person identified by your employer’s policy will help your case legally, as some managers and human resource personnel will deny that you complained if your complaint is verbal.
3. Call a thing a thing: If you believe you are the victim of discrimination based on your age, disability, genetics, national origin, pregnancy, race, religion, or sex, you should specifically include that in your written complaint. Example: “I believe I am being treated unfairly because of my (INSERT).” Making a specific complaint of discrimination, even where fearful, will assist you legally.
4. Seek legal counsel immediately: There are many strict deadlines associated with employment discrimination laws. The employee should seek legal advice from a qualified employment attorney as soon as possible to prevent losing out on his or her legal rights.
5. Safely keep evidence: It is a good idea for the employer to safely keep any lawfully obtained evidence like emails, harassing notes, written complaints, evaluations, accolades, awards, photographs, text and instant messages, and other lawful recordings, someplace other than the workplace. Keep evidence in backup locations in the event it is lost, damaged, or stolen.