Dear Mike,
I have been with my current employer for 18 months. During that time, I’ve put up with what I consider to be inappropriate language as other employees tell off color jokes. Many of the jokes have racial undertones and sexual innuendos. I am very uncomfortable at work, and would like the behavior to stop. I have brought this issue to my supervisor, but he always says that he will look into it, but nothing changes. I am friends with the HR rep, and have spoken to her about the issue many times. However, she has told me that it is the corporate culture, and that there is not much that she can do about it. At this point I feel like I should go and see an attorney, and friend of mine mentioned that I could file a claim with the equal Employment Opportunity Commission. Is this a good idea?
Fed up in Chicago
Firstly Fed up,
I must reiterate that I am not an attorney, and I cannot give legal advice. However, I can give some ideas as to the best way to approach this problem. Firstly, although neither your supervisor nor your HR rep addressed the problem. Did you ever try talking to the actual people that are engaging in the inappropriate behavior? It may be just as simple as letting them know that their language and jokes make you feel uncomfortable. If that does not work, many companies also have an EEO department that is separate from HR that would address this kind of issue. If that does not work, then maybe it’s time to consult an attorney. An attorney will be able to let you know if you actually have a case, and give you advise about when, how and where to file your claim.
Once you speak to attorney, you then need to evaluate your own system of beliefs. This means a frank personal look at this situation. Ask yourself, why you are in this situation? Did you do anything in the past to indicate that this behavior is ok? What makes you upset about the behavior? Is it the behavior itself, or is the person(s) engaging in the behavior? Try to understand how you feel personally about the issue. Your actions may be different if you are actually upset with the person engaging in the behavior as opposed to being genuinely concerned about the issues of racism or sexual harassment. Please understand that I am not trying to minimize the issues. I am just pointing out that you should make sure that you understand what issues that you are really concerned with.
Next you should consider the impact that any action you take will have on your career, as well as your professional and personal relationships. A accusation of this type tends to be very emotionally charged for the both the accuser and the accused because it touches on very sensitive subjects in today’s society. These are the same issues that made Sean Bell, Isaiah Thomas, and Don Imus national cover stories. With that said, people may feel the need to curtail their contact with you if they find out that you have filed such a claim. At the same time, your supervisor and HR rep would be very involved in this claim and they would be two typical, although not necessary, references if you should need to seeks new employment. Does this mean that shouldn’t file the claim? No, however, it is a consideration nonetheless.
Lastly, you should consider what it is exactly that you would like to get out of your actions, and what you need to invest to attain your desired results. For example, if you would only like to change the behavior, a lawsuit might be a bit extreme. On the other hand, if you are hoping for a monetary award or settlement, your attorney should be able to give you a realistic dollar amount to expect - if he or she thinks your case is worth any money at all. In addition he can tell you approximately how long it should take as we well as how much time, energy, and money you may need to invest. He or she can also advise of the probable risk that you may not attain your desired outcome or even the possibility of an undesired outcome.
At this point you should have decided one of three things: To stay and try to work things out, to file a claim, or to cut your losses and find a new position. The latter two in my opinion, mean the same action at this juncture. You should be planning your exit strategy. Filing an EEO claim doesn’t mean that you have to leave your job. In fact retaliation, firing, demoting or harassing an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination is illegal - just like speeding. It happens. You also need to consider your personal obligations such your family who also depends on your paycheck. However, remember that most states do have a statute of limitations on filing such claims, and an attorney should be able to give you the statute of limitations in your state. In addition, many settlements also include the complainant no longer being employed by that employer.
Once you have considered all of the above, you should have enough information to make an informed personal decision. Good Luck!
Mike
RESOURCES
- Black Enterprise – www.Blackenterprise.com BLACK ENTERPRISE is the premier business, investing, and wealth-building resource for African Americans. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers.
- SisterSpeak Online Magazine – www.sisterspeakonline.com SisterSpeak is a unique, online lifestyle magazine that celebrates the lives and experiences of Black women, and all women, the world over. Our goal is to inform, inspire and empower women of all ages to live lives of boundless beauty, passion, power and purpose.
- Small Business Administration – www.sba.gov Information resource for small businesses, small business owners and prospective business owners.
- GreenPath – www.greenpath.com Free and confidential counseling. GreenPath is a non-profit organization that offers customized, personal solutions to help you get out of debt.
CURRENT STORIES FROM
