Do you find yourself in a situation where you are being discriminated at work, but you have no idea what to even do beyond going to HR? This is probably one of the most common scenarios I encounter during consultations. What I’d like to do is go over some very basic things to keep in mind if you find yourself in a situation where you suspect that you are the victim of discrimination.

Documentation is king.

The very first thing to do is take stock of the documents you have that are related to your employment. For example, any type of disciplinary documents, employee handbook, company memos, pertinent emails, termination letter, any complaints that you have filed or sent to anyone at the company like your boss, HR, or a coworker, or anything that may be relevant.


Continue Reading What to do if You are the Victim of Discrimination at the Workplace

“While it is true that these statements are few in number, and that much of the meeting was spent discussing other subjects, their number does not strip the statements of their status as evidence.  After a court draws the negative inference that Sheriff Cutler was negatively referencing Haverda’s letter to the editor, the amount of

“A review of her pleadings reflects that [Employee] has alleged that she has worked for [Employer] since 1988, she encountered no problems in the workplace until she was listed as a witness in [Co-worker]’s complaint in July 2008, and, shortly after being listed as a witness in the legal action [Co-worker] filed in state court

“Defendants cite the following global statement in both declarations: ‘SDT did not fire anyone for complaining about not getting paid for all time worked.’  Neither [Defendant] mentions [Plaintiff] by name, nor do Defendants identify any other evidence to establish the basis for [Plaintiff’s] termination.  The Court finds this evidence insufficient to establish a legitimate, non-retaliatory

“[Plaintiff] claims his thought processes and memory were impaired following the accident because of the injuries he sustained in it. His testimony is corroborated by testimony from his wife and one co-worker. Because it is not disputed that [Plaintiff] sustained some injuries to his head, his claims are not intrinsically unbelievable. While the fact that

“The Fifth Circuit has suggested that an extended gap of time between the plaintiff engaging in a protected activity and an adverse employment action can cut against a finding of retaliation. Mayberry v. Vought Aircraft Co., 55 F.3d 1086, 1092 (5th Cir. 1995) (noting that an interval of several years between the adverse action and

“The content—support for Kaelin’s opponent—and form—participation in a PAC—of the speech at issue clearly support the notion that it involved matters of public concern, as we have previously held that there can be no question that . . . associating with political organizations and campaigning for a political candidate related to a matter of public

“The Court finds that [Supervisor]’s unambiguous statement that Plaintiff ‘didn’t do anything wrong, but [he] filed that Complaint,’ recalled by both Plaintiff and a co-worker, amounts to direct evidence of retaliation sufficient to defeat summary judgment. Had [Supervisor] said something more along the lines of, ‘I did not vote to promote you because you filed

“When asked why Plaintiff’s position was eliminated, as opposed to one of the workers in the maintenance department, Childress testified that the District was ‘making decisions based on cost savings.’  Plaintiff points out that none of the other employees laid off as a result of the reduction in force were terminated after the 2010 through