employment law in WA state against employer discrimination, employer's unfair treatment of asian employees

Anytime that you have a concern of race discrimination I think it is important to consult with legal counsel so you can learn how to properly chart your way through what can be treacherous waters. Handling this on your own without the benefit of experienced employment counsel could cause you to make mistakes that will later prove to be fatal to your claim.

As a general rule, there are several things you should consider.

First, get hold of your employment handbook and review it to determine your company's published policy for reporting harassment/discrimination in the workplace. Today employers tend to use these policy's and your failure to comply with them as a potential defense to a claim. You should get to know the handbook by chapter and verse.

If you elect to report the problem without first getting legal advice, my suggestion is that you go directly to someone in upper management or, preferably, your human resources department to report .

Consider an "off the record" discussion with a trusted mentor. Often these individuals can provide you with an valuable insights into the manner in which your concerns should be raised and to whom they should be addressed.

If and when you report, it is critical that you are able to identify specific treatment that you believe is unfair and why you believe you are being treated differently because you are Asian. The best evidence you can provide is evidence of different treatment, or more favorable treatment that is being given to individuals that are not Asian. Look for those individuals that occupy that same or similar positions within the company (we call those individuals comparators). It may also be helpful to identify individuals that have committed far worse acts than you are alleged to have committed but have received little or no punishment.

I understand that reporting can be intimidating so be prepared to explain the facts underlying your complaint in detail. Many employees don't want to raise the issue of race or they feel uncomfortable reporting the more favorable treatment given others, so they minimize their report or they agree that the treatment they are receiving could be due to something else such as a personality issue or a failure to communicate. In Washington, you do not get legal protection because someone is a jerk or difficult or can't communicate well. You do get legal protection if you are being treated differently based on race. If you truly believe that this is the case, be complete, be truthful, don't exagerate, don't minimize and be prepared to tell the employer everything. Document everything. Trust me, you will forget things that happened.

IIf you work in a union environment, I would recommend that you have your union steward accompany you at the time of your report and in any later interactions concerning this issue. If you are not unionized, ask to have a trusted friend accompany you. The company is not required to allow that person to attend but may surprise you by allowing that person to be present when you make your report.

I don't want you to think I am trying to create work for lawyers, but it sounds like you really need to talk to a lawyer and I would urge you to do so immediately.

I wish you the best,

Rod
www.employmentadvisoryblog.com