Workplace discrimination can come in many forms. Discrimination can come from management within a company. People with certain protected characteristics may have a harder time obtaining jobs, securing promotions or connecting with the best opportunities, such as sales leads or the best shifts. Discrimination can also involve harassment and a company’s failure to protect the worker from mistreatment by other employees or customers.
Particularly when workers have tried to address discrimination and have not received support, they may decide to take legal action to assert their basic rights. Those preparing a discrimination case against an employer sometimes make predictable mistakes. The following are some of the most common and disruptive errors that can undermine the success of attempts to hold companies accountable for discrimination.
Failing to document issues consistently
Workers trying to hold companies accountable for discrimination need proof that there is a pattern of inappropriate behavior. People sometimes overestimate how much they can accurately remember. Taking mobile phone pictures, printing or forwarding emails to preserve them and even keeping a written journal outlining various workplace misconduct are all ways that workers can establish a thorough record of the ongoing misconduct they experience on the job. Simply trying to recount details from memory can end up backfiring on the worker trying to take legal action.
Notifying management or coworkers
In some cases, communicating with coworkers about a potential discrimination lawsuit can be a smart decision. If multiple people experience the same type of misconduct, their overlapping stories can increase the chances of prevailing in civil court. However, informing the wrong coworker might mean that they say something to human resources or management. Workers also usually need to avoid disclosing their intention to litigate to management, as they may then face retaliation from the company, including a sudden cessation of access to email and other potential sources of evidence.
Quitting prematurely
Many people dealing with workplace discrimination eventually give up and leave their jobs. They want to work somewhere else where they won’t endure consistent mistreatment. While the intention behind that decision is reasonable, leaving the job can limit the worker’s options for recourse and may weaken their position during litigation in the long run.
Those hoping to fight back against workplace discrimination may need help exploring how to proceed and preparing their case for civil court. Avoiding common mistakes can be easier with someone guiding a frustrated worker through the lawsuit preparation process.