Workplace discrimination refers to unequal treatment in the workplace based on bias and prejudice. Although prohibited, workplace discrimination continues to occur throughout the United States. Despite legal protections for workers, it’s very difficult to file a claim alleging workplace discrimination. Employers are likely to get away with the practice.
Many people don’t realize that they’re experiencing workplace discrimination, or if they do, they don’t know what recourse they have to address it. The legal recourse can vary widely from state to state. In some areas, employers are strongly protected. In theory, everyone should be able to seek relief at a federal level by working with the Equal Employment Opportunity Commission.
This is a federal agency designed to help workers facing discrimination. But the problem is that the agency often has a backlog of cases, and it can be a long time before you see relief. In addition, 82 percent of cases presented to the EEOC are closed without any change being made in the work conditions.
If you bring a discrimination case against your employer, the cards are already stacked against you. People have sued their employers for disability, gender, age, racial, and religious discrimination. Race-related claims are extremely common, but they also have the lowest success rate. Only 15 percent of race-related claims are given any relief.
Nobody wants to believe that an employer may be racist. Combine that with the fact that racism is often subtle, and the fact that targets of racial discrimination are often framed as “making a big deal out of nothing,” and you have a recipe for exploitation.
One problem is that the investigators at the EEOC are unlikely to fully investigate claims that are made. They glance over the initial claim and close it without offering any follow-up. Attorneys with the agency have discussed their concerns about the lack of professional investigation in many cases.
There was a journalistic effort made by the Center for Public Integrity to gather information about workplace discrimination cases. They discovered that the current system frequently fails workers when it matters most.
The EEOC is supposed to protect workers. The federal agency was created when the Civil Rights Act passed in 1964. In the initial provisions of the legislation, there were few tools to enforce discrimination law. Agents and attorneys could investigate, mediate between companies, and make litigation recommendations. But there was no ability to sue or to control an employer’s actions.
Basically, when employers didn’t want to comply with workplace law, the EEOC couldn’t do much about it.
That weakness existed on purpose. Congressional members didn’t want to institute real protections against discrimination. In another provision – one that still exists today – it became illegal for the EEOC to discuss the identities of employers being investigated for discrimination.
As of 1972, the EEOC was able to start litigation against employers. But then the agency became more and more understaffed. Now, even though the agency should be able to protect people, many cases wait for months before being heard.
Employers also get around the workplace discrimination legislation by requiring private arbitration for problems.
This means that when you sign your contract, you also sign away your right to file a discrimination claim in federal court.
This practice is unfortunately both legal and very common. Private arbitration never favors the worker. Discrimination in the workplace based on race color or nationality is prohibited. That’s why it’s important to get in contact with an experienced attorney if you believe you’re the victim of workplace discrimination.
By Cheryl Roy
Author’sio: Passionate writer and contributor to several professional websites. I like to debate complex topics and I’m always up for new challenges. Doing research and discovering new information are two aspects marked as a priority when I’m writing my articles and ideas.