First and foremost, if you believe you are a victim of discrimination (whether on the basis of your age, race, color, religion, sex/gender (including sexual harassment), handicap or disability), you must report the discrimination to your supervisor or a member of management/Human Resources, preferably in writing. The law allows the employer the ability to “right its wrongs” if discrimination did occur, but the employee must give that employer the chance by first reporting the discrimination.
Unfortunately, this could be a double edged sword, since it may subject the employee to adverse action. Both state and federal anti-discrimination laws also prohibit retaliation against an employee for reporting or opposing discrimination. For that reason, it is always advisable to contact an employment attorney to evaluate your particular circumstance and offer you the best course of action before moving forward.
Another important point to keep in mind is to constantly write down the time, date, description, and witnesses to each discriminatory event soon after it occurs in order to keep accurate records. One’s memory is not always the most reliable, so keeping a journal with all events that transpire will be helpful to both you and your attorney when piecing together your case.
Finally, do not be quick to quit your job without speaking first with an attorney. Each situation is different, but you may risk some of your claims and potential recoverable damages if you willingly resign from a position, unless it rises to the level of constructive discharge (i.e. threatens your physical or mental wellbeing, or is an extremely hostile work environment).
Most importantly, if you think you may be a victim of discrimination, call our firm immediately for an initial consultation. At Wilson McCoy, P.A., will help thoroughly evaluate your case and will advise you on the best options to take moving forward. It is never too early to seek legal advice or guidance. Our number is 407-803-5400 or you mail e-mail us at [email protected].