Every work environment should be fair and accepting. Unfortunately, this is not always the case. If you have been the victim of racism, sexism, or ageism while on the job, you may be wondering what you should do after being discriminated against at work. Read this article to learn about your legal options and how our experienced Ventura employment law attorneys can help.
What Should I Do After Being Discriminated Against at Work? | Report the Problem
First, reporting the discrimination may fix the problem. Maybe that promotion you couldn’t get because of your age or disability is now possible as a result of your complaint to human resources. Or perhaps the racist jokes your coworkers kept on making finally come to an end. In some cases, reporting the problem will make it go away.
What Should I Do After Being Discriminated Against at Work? | Take Legal Action
Second, even if reporting the discrimination changes nothing, it’s an important step for further legal action. In many employment discrimination lawsuits, employers can escape liability if they can show that the employee failed to properly follow office discrimination reporting procedures. The reasoning is that an employer shouldn’t be liable for misbehavior it didn’t know about. There are exceptions to this rule, but victims of workplace discrimination shouldn’t take their chances in court hoping one of the exceptions will apply.
What Should I Do After Being Discriminated Against at Work? | Protection from Retaliation
Third, reporting the discrimination can provide an additional legal remedy for the victim. One of the biggest fears of reporting discrimination at work is the potential for retaliation. Retaliation occurs when an employee suffers from an adverse employment action for exercising a legal right.
An adverse employment action includes actions such as getting fired, demoted, receiving lower pay or suffering from disciplinary action. A legal right refers to an activity the law provides for, such as reporting workplace discrimination through a company’s discrimination reporting procedure or to an appropriate government agency. As long as the victim of discrimination reports it in good faith, he or she is protected from retaliation. Should retaliation occur, it will usually create its own legal cause of action, even if a court concludes that there was no underlying discrimination in the first place.
If you believe you have been the victim of workplace discrimination, please contact our experienced Ventura discrimination lawyer today to arrange a free consultation. Prioritizing your freedoms is our top priority, and we will make sure your rights are aggressively defended.