Reporting Discrimination the Right Way: How to Protect Yourself From Retaliation

How to Report Workplace Discrimination

Reporting discrimination or retaliation at work can be scary.  These situations involve sensitive topics that can be difficult to discuss.  You may be concerned that if you report something, your employer will retaliate against you.  Common retaliation tactics include demotions, reductions in hours, and termination.  There’s no guarantee that a bad employer won’t retaliate but there are ways to protect yourself if they do.

The Law Protects Employees Who Report Discrimination in Good Faith

The courts have made it clear that they’re not a substitute for your HR department.  Properly reporting workplace discrimination is important to protecting your rights.  If you have a good faith belief that you have been discriminated against, you are protected from retaliatory actions.  Good faith is critical to trigger protections.  This means that you reasonably believe that the conduct that you’re reporting violates the anti-discrimination laws. 

General or Vague Grievances are Not Protected

Not all workplace complaints constitute protected activity.  General complaints do not satisfy the standard.  For example, complaining about a manager’s ineffective leadership is not protected.  Complaining that a manager dislikes you or belittles you, without more, is not a protected activity.  Complaining that your boss is increasing your workload isn’t enough.  The more general the complaints are, the less likely they’ll qualify as protected activity.  

Explain Why Something is Discriminatory

In contrast, complaints are protected if they link the complained of practice to discrimination.  For example, submitting a complaint referencing “sexual harassment” and explaining the harassment experienced.  If a woman complains that she applied for a promotion that she was qualified for but the position was filled by a less qualified man, she is engaging in protected activity.  Reporting that your boss reduced your hours after you requested a shift change as a religious accommodation even though the schedule shows available shifts that don't interfere with your religious beliefs can be a stronger complaint that triggers protections.  Show how the discrimination is related to your protected status (e.g., race, sex, religion, age, disability, or national origin).

Assess the Situation and Carefully Draft Your Complaint

It’s important to submit complaints before too much time has passed.  Before reporting, take a moment to think about how to submit an effective complaint.  Check your employee handbook to make sure that you’re using the proper channels to report.  It’s best to submit the complaint in writing.  Objectively assess your situation.  Sending HR an email with a laundry list of complaints about how bad your boss is likely won’t trigger protections.  But using concrete examples to explain why you believe you’ve experienced discrimination is more likely to protect you if your employer retaliates.  Well thought out complaints tend to be better at catching HR’s attention and can be more effective resolving the situation.

Talk to an Employment Attorney

If you’re experiencing workplace discrimination or retaliation but aren’t sure about how to handle the situation, it’s important to reach out to an attorney who can help.  Every situation is different.  What may constitute protected activity in one situation may not be protected activity in another.   Call or submit the contact form to request your initial consultation.

*This post is for informational purposes only.