Determine If You Believe You Are Being Discriminated Against
Take an honest look at what is happening to you on the job or in your attempts to obtain the job. If you believe you are being discriminated against based on an unlawful factor, such as your race, sex, age, national origin or disability status, consider if the employer has expressed a bias against those who share that status. Also consider whether there has been a pattern where others who share the status have been disfavored in some way by the employer. Critically, you should also consider whether there seems to be a legitimate explanation for the employer's actions.
Determine Whether It Is Worth The Personal Cost To Protest
Employers frequently retaliate against those who protest unlawful discrimination. Fortunately, the law provides some strong protections for victims of such retaliation. However, obtaining legal redress can sometimes be complicated or difficult.
Consider Seeking Counsel Before You Protest
Try to find a qualified plaintiff-oriented employment lawyer to speak with about the situation. Your lawyer can help you evaluate the merits of protesting the discrimination.
If You Decide To Protest, Do So Loudly And Clearly
A common employer defense tactic is to retaliate against those who protest their discrimination, then pretend that they did not know that the employee or applicant protested. If you are going to protest, go all in. You can make sure you do not give the employer space to assert this defense by directly informing the relevant decision makers that you are protesting their discrimination. There are a variety of ways of achieving this, but a simple one is to send copies of any EEOC complaints, or your letter of protest, to the relevant management officials.
Do Not Protest Discrimination Unless Your Protest Is In Good Faith
It is important not to abuse your right to make complaints of discrimination, by doing so only when you have a "good faith" basis. Courts will reject your claim that you were retaliated against for making a discrimination complaint, if you are unable to articulate a basis for the underlying belief that you were the victim of discrimination.
You Need Not Win Your Claim Of Discrimination, To Prevail On Your Retaliation Claim
Although your initial protest of discrimination must be supported by your "good faith," even if a final legal determination is reached that you were not really discriminated against, you may still prevail on the subsequent-arising retaliation claim. The employer is forbidden from taking negative actions against you on account of your having protested earlier actions that you, in good faith, believed were discriminatory.
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