Many workers who are subjected to workplace discrimination and harassment end up being subjected to an adverse employment action. These decisions can range from a work reassignment to reduced hours, a pay cut, demotion, and even termination.
Defending against an adverse action
Of course, when this adverse action is taken, your employer is going to try to justify it based on alleged shortcomings in your work performance. Therefore, if you want to protect yourself and your ability to take legal action later, you will want to consider doing each of the following:
- Gathering your performance appraisals, especially if they contradict what your employer is saying or otherwise illustrate your positive work qualities and your benefit to the company.
- Retaining all complimentary communications from your supervisor and your co-workers, even if they seem relatively minor.
- Analyzing any disciplinary records that you may have to see if the issue that was leveraged for the adverse action had been addressed with you previously.
- Gathering attendance logs to demonstrate that you consistently showed up to work on time.
Once you have this evidence in hand, you can start looking for signs of discriminatory or retaliatory intent. Here, look at your communications with your employer, complaints that you have made to the human resources department, and witnesses who may have seen you being treated unfairly.
Develop the comprehensive approach that you need
Employment law cases based on workplace discrimination, harassment and retaliation can be challenging to navigate given that there are many moving pieces. But you have to be diligent in addressing every aspect of your case if you hope to maximize your chances of securing accountability and obtaining the outcome that is right for you.
We know that can seem daunting, but that is why law firms like ours stand ready to help you fight to protect your rights. Has your employer wronged you? If so, are you ready to take the next steps toward protecting your future?