5 Simple Steps to Complaining of Unlawful Treatment at Work
Being harassed at work, or discriminated against on the job? Thinking of complaining, but
don’t know where to start. Here are 5 Simple Steps to complaining of unlawful treatment at work:
1. Determine why you are being treated differently than your coworkers. If you are being treated than someone at work who does the same work as you, it is important to determine why you are being treated worse than your coworker(s). Texas is an “employment at will” state, which essentially means if you don’t like your job you can quit without fear of your employer suing you. But, Title VII, the ADAAA, the ADEA, and Texas Commission on Human Rights Act (Section 21.051 of the Texas Labor Code) prohibit unlawful discriminatory treatment against you whereby your employer treats you worse than someone at work who does the same work as you based upon your race, color, national origin, age, gender (pregnancy), religion, disability. Step number one is extremely important to your success going forward.
2. COMPLAIN to your employer. If you determine that you are in fact being treated worse than your coworker because of your race, color, national origin, age, gender (pregnancy), religion, and/ or disability, file a complaint. Follow your company policy in filing a complaint of discrimination. If there is no company policy, write a letter, make the title Complaint of Discrimination, and present it to your supervisor/ manager.
3. INVESTIGATE. If your employer does not advise you that they will conduct an investigation in response to your complaint, ask for one. Conduct an investigation of your own as well. Provide your employer with names of witnesses and copies of documents to help demonstrate the bad treatment you are complaining of actually occurred. You may be successful in curtailing the unlawful behavior. If, however, the unlawful behavior continues, see steps 4 and 5.
4. Organize your evidence (e.g. witness statements, text messages, emails and any other documents) and call a lawyer. If you were unsuccessful in ending the unlawful treatment, if the bad treatment continues or gets worse, or if you get fired for filing your complaint… CALL A LAWYER. At this point you will need someone experienced in this area of law to help enforce and protect your rights as an employee.
5. FILE A CHARGE OF DISCRIMINATION. If your employer refuses to investigate your complaint, if the bad treatment continues or gets worse, or if you get fired for complaining, the next step is to file a Charge of Discrimination with the Equal Employment Opportunity Commission (“EEOC”). Together you and your lawyer can use this process to get you some relief.
If you would like more information on pursuing a charge of discrimination, contact us at (713) 993-7310 or info@thetackettfirm.com
