This blog post was inspired by key takeaways shared in our masterclass, featuring Michelle G. Lee, Partner at Rudy, Exelrod, Zieff & Lowe and Anne Babu, Advocate at Anne Babu & Co.

‍

1. Understand What Constitutes Workplace Discrimination: Discrimination refers to unequal treatment based on race, sex, pregnancy, marital status, health status, ethnic origin, color, age, disability, and other factors. It can manifest in various ways in the workplace from wage disparities to missed opportunities, lack of recognition, and even demotion or termination. Globally, discrimination takes various forms, so understanding the specific legal landscape in your jurisdiction is crucial for effective resolution and protection of rights.

‍

2. Identify Instances of Discrimination: Discrimination is often obvious, but in many cases, it can be very subtle. In these cases it might manifest as a  lack of recognition for your work, being bypassed for a promotion, and others receiving more visibility within the organization. If these actions cannot be linked to poor performance or organizational restructuring, this treatment could possibly be attributable to your identity.

‍

3. Steps to Take Before Contacting a Lawyer: Before contacting a lawyer, familiarize yourself with the grievance policy and follow the prescribed procedures. Some employment agreements mandate arbitration as the primary form of dispute resolution.  

‍

4. Seek Legal Advice and Maintain Objectivity: If you find yourself accused of wrongdoing, seek legal advice to maintain an objective stance and better understand your rights and limitations. Don’t rush to make decisions while emotions are running high and know that you have the right to ask for more time to understand allegations and review documentation.

‍

5. Understand NDAs: Be cautious of NDAs that restrict you from speaking about your employer, especially those that extend beyond protecting serious cases like racism, discrimination, sexual harassment, etc.

‍

6. What to Do If You Face Retaliation: Retaliation can take various forms, from subtle actions to significant consequences like demotions or termination. Protected complaints, such as those related to gender or race discrimination, are shielded from retaliation. Consider using anonymous complaint options if available to protect yourself from employer retaliation. After filing a complaint, stay vigilant for suspicious behavior and collect evidence to support claims. Use documentation as a tool, such as emails after oral meetings, to establish facts while maintaining an appropriate tone. Consider legal action if a resolution is not achieved through internal processes.

‍

7. Know Your Right to Information:  In some jurisdictions, employees are entitled to personal data in their personnel file and have the right to seek evidence supporting employer allegations, while in others, the right to information is more limited before litigation.

‍

8. Scrutinize Mutual Separation Offers: Employers may propose mutual separation, especially when their case is uncertain. Be cautious of mutual separation offers, as they may limit your ability as an employee to take legal action in the future. Carefully assess the terms and implications of such agreements.

‍

9. Anticipate the Mental and Emotional Toll: The decision to pursue litigation is personal and requires careful consideration of individual circumstances, emotional preparedness, and commitment to principles. Manage your expectations and be prepared for a slow process, particularly if you go to court. The emotional impact of litigation, including depositions and scrutiny of personal communications, can be challenging for many to navigate.

‍

Watch the full recording on our YouTube channel for a comprehensive overview.