Overcoming harassment and discrimination obstacles in the workplace

As an employee, it's tough to face illegal behavior and keep your composure. It can also be difficult to navigate and manage the nuances and details of what you're up against. If you have been the target of harassment or discrimination in the workplace, follow these best practices to help plot a path forward while potentially preparing for a legal battle:

Stick to the high ground. Remain professional in all your workplace interactions. In some instances, it is appropriate to tell harassers that you are offended by their behavior and ask them to stop. Otherwise, avoid discussing your situation with co-workers, especially on company time, on company property, and through company-controlled communications. Your work email and communications through apps such as Slack may not be private.
Document any harassment and discrimination. Jot down as many details as possible before you might forget information that could be critical. What happened? Where did it happen? When did it occur? Who was involved or saw what happened? What did each person say? What did you say, if anything? If you live in a state where it is allowed and your employer does not have a "no-recording" policy, you might consider recording conversations that you think might reveal discriminatory or harassing behavior. These are all important.
Report harassment and discrimination. Most companies have an employee handbook that tells the employee how to report discrimination and harassment. There are situations, however, where reporting discrimination and harassment might not be a viable option. For example, if the person responsible for harassing and discriminating against you is the company's owner, it may be wise to skip this step and consult an attorney. Keep in mind, if you go to a human resources representative, their job is to protect your employer — not you. HR may help you, but it's critical to understand that what's in your best interests may not align with their goals.

Fear of retaliation from an employer for reporting inappropriate conduct is expected, but we are all entitled to feel safe at work. This is where having the right legal counsel can make a big difference.

Instant Insights /

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