I need help. I have experienced countless forms of harassment and discrimination with the company I work for by management. They are trying to push me out the door by making the environment uncomfortable for me, including using a confidential conversation with a coworker and violating my privacy rights. As miserable and toxic as the environment has been, I have been unable to find other employment opportunities without jeopardizing my family. I want to report the leader but I fear retaliation.

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I am so sorry.

Please consult with a plaintiff-side employment lawyer before reporting anything. They can give you a script to follow, and help you spot overt and subtle forms of discrimination and retaliation.

Retaliation is unfortunately very common. In fact, plaintiffs prevail on retaliation claims more often than on hostile work environment claims.

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What’s a confidential conversation? Which privacy rights?

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First of all, discrimination of any kind is disgraceful and I’m sorry to hear that you are in the situation you find yourself.

Unfortunately, systemic discrimination is extremely difficult to eradicate. The reality is that your only recourse will most likely be the recovery of damages after your separation from the company. First and foremost, you need to make sure you are a member of a protected class. Eg race, gender, age, etc.

You may also need to come to terms with the ugly truth, that your continued employment with that company may not survive this, and your only recourse will come after your separation from the company and you file suit.

File complaints with HR against those involved. You fear retaliation, but ask yourself, is retaliation any different from how you are being treated now? Probably not.

So use the time you have remaining at that job to build / prepare for what comes after you’re no longer employed by the company.

File a discrimination complaint with HR and copy the EEOC. You need to get your side of the story documented before you separate, otherwise the company will try to dismiss your ex post facto complaint as the rumblings of a disgruntled worker.

The filing of a complaint creates a legal obligation to investigate your claims and take reasonable measures to address them. Plus, it creates a de facto safe harbor for you, at least for a time. Termination right after you complain is blatant retaliation. The Company may should think twice about terminating you while you have a complaint pending.

Ultimately, get yourself an employment lawyer with experience with these matters. You can contact your state bar organization for a referral.

In the meantime, if you are in a protected class and the discrimination is ongoing, take steps to protect yourself by filing the complaint.

PS: There is no right to privacy in the workplace, so make sure you are certain of what rights are being violated before filing a complaint. Good luck!

likehelpful

I went through something like this recently with my law firm. I hired an employment discrimination lawyer and we just settled. Hire a lawyer!

likesmart

Yes, all thanks to the lawyer I hired. They were great and work on a contingency basis, so I didn’t have to pay anything in advance!

likesmart

Workplace bullying is not necessarily discrimination.

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