In a recent article, we discussed steps employees can take to document discrimination in the workplace. While documenting the discrimination you have experienced is critical (along with taking other steps to protect your legal rights), there are also several mistakes you need to be careful to avoid. Making these mistakes could make it more difficult to assert your legal rights effectively, and, in some cases, they could jeopardize your ability to take legal action altogether.
7 Important Mistakes to Avoid As a Victim of Workplace Discrimination
So, what should you not do if you are a victim of discrimination in the workplace? Here are seven all-too-common mistakes you will want to be careful to avoid:
Mistake #1: Failing to Promptly Take Steps to Document the Discrimination You Have Experienced
When you have a workplace discrimination claim, documentation is the key (or, at least, one of the keys) to asserting your legal rights effectively. With this in mind, we encourage you to read our article on documenting discrimination in the workplace and do what you can to document what you have experienced as thoroughly as possible.
If you don’t document what you have experienced, your lawyer might still be able to prove your claim, but this could also prove to be much more difficult and time-consuming than necessary. If you forget key details and you haven’t written them down, this could potentially lead to unnecessary challenges as well.
Mistake #2: Ignoring Your Work Situation, Downplaying It or Assuming It Will Get Better
Discrimination is a serious and pervasive issue. It can—and does—take many different forms, and it has both financial and psychological consequences for victims. With this in mind, if you believe that you may be a victim of workplace discrimination, you should not ignore your situation. You also should not downplay what you have experienced, and you should not assume that your situation will get better on its own.
Victims of workplace discrimination have clear legal rights under both New York and federal law. These statutory rights exist precisely because discrimination is so widespread. You can—and should—take action to assert your legal rights, and taking action will likely be essential for protecting yourself both in the short term and in the future.
Mistake #3: Assuming There is Nothing You Can Do
In this same vein, it is a mistake to assume that there is nothing you can do. Not only do state and federal laws provide workers in New York with clear legal rights, but they also establish clear procedures for asserting these rights. Depending on your specific circumstances, you may be able to seek remedies by either:
- Filing a complaint with the New York Division of Human Rights;
- Filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC); or,
- Filing a complaint in court.
Potential remedies in workplace discrimination cases include job placement or reinstatement, back pay (with interest), and other forms of financial compensation. By filing workplace discrimination complaints, employees can compel their employers to change their policies and make other changes as well. If you are a victim of employment discrimination, you have legal rights—and you should use them.
Mistake #4: Failing to Report the Discrimination to Your Employer
While it can be both nerve-wracking and intimidating, if you have experienced discrimination in the workplace, it is important that you report the discrimination to your employer. If you are not comfortable doing this yourself, you can—and should—hire a lawyer to report the discrimination for you. This is a necessary step for protecting your legal rights, and once it is over, you will be glad that you did the right thing.
Mistake #5: Relying on Your Employer to Take Corrective Action
While it is important that you report the discrimination to your employer, it is equally important that you do not rely on your employer to take corrective action on its own. There are two equally important reasons why:
- Your employer most likely isn’t going to take corrective action on its own (and almost certainly not to the full extent that is required); and,
- If you are a victim of workplace discrimination, you may be entitled to remedies above and beyond ensuring that you have access to a compliant workplace going forward.
When you hire a lawyer to represent you, your lawyer will be able to explain your options in terms of the remedies you may want to seek, and then your lawyer will be able to take appropriate legal action on your behalf. While this might ultimately mean taking your employer to the New York Division of Human Rights, the EEOC or court, many discrimination claims result in confidential out-of-court settlements that allow everyone to move on.
Mistake #6: Discussing What Happened with Your Coworkers or on Social Media
Proving your discrimination claim may involve obtaining statements or testimony from your coworkers, and you may eventually want to tell your story on social media. But, now is not the time to publicly discuss your workplace discrimination claim. For now, you should keep all of the details between you and your lawyer.
Mistake #7: Trying to Handle Your Situation on Your Own
This brings us to the last mistake we want to cover: If you are a victim of workplace discrimination in New York, you should not try to handle your situation on your own. There simply isn’t a good reason to do so. There are many ways an experienced employment discrimination lawyer will be able to help you; and, in this scenario, you can hire a lawyer to represent you at no out-of-pocket cost.
Discuss Your Case with a New York Employment Discrimination Lawyer at Bell Law Group
Are you a victim of discrimination in the workplace? If so, we encourage you to contact us promptly for more information. To discuss your case with an experienced New York employment discrimination lawyer at Bell Law Group in confidence, please call 516-280-3008 or request a free initial consultation online today.
