Is ‘Unfair’ Treatment in the Workplace Illegal?

Many individuals navigating the complexities of workplace dynamics often encounter situations they perceive as unjust or inequitable. However, one of the most common misconceptions is the belief that all forms of “unfair” treatment in the workplace are against the law. This simply isn’t true.

Today, we look at when bad treatment turns illegal and how to effectively submit an employment discrimination complaint. Then, we’ll talk about how to find the right legal professional for those situations that go beyond simply unfair treatment in the workplace.

When Is Bad Treatment Illegal?

Courts are not extensions of a company’s Human Resources department. They do not intervene in every situation where an employee feels they have been mistreated or subject to unfair practices. Their role is not to arbitrate on matters of fairness. They exist to enforce the law.

For bad treatment to cross the threshold into illegality, and therefore become the responsibility of the courts, it must contravene specific laws, particularly those concerning discrimination. An employee claiming illegal treatment must prove that the adverse treatment was due to their race, age, sex, disability, or another protected classification under statutory laws. Then it may qualify as discrimination instead of simply unfair treatment.

For example, being passed over for a promotion because you don’t get along with the hiring manager personally is not a legal complaint or discrimination. If that hiring manager has made inappropriate comments about your ethnicity and doesn’t hire you because of that, then you may have a legal complaint.

How to Report Workplace Discrimination Effectively

If you find yourself facing what you believe to be workplace discrimination, it’s imperative to act judiciously. Here are some tips for reporting effectively:

• Get it in writing: Always submit your complaint in writing and keep a copy. Verbal complaints without documentation are easy for an employer to deny.
• Direct to the appropriate authority: Ensure your complaint reaches either the Human Resources Director or a top-level manager responsible for your area.
• Be explicit: If you’re alleging discrimination, state it clearly. Use the word “discrimination” and specify the basis (race, age, sex, etc.).
• Be specific: Describe the actions you believe to be discriminatory and why you think they are motivated by bias against your protected characteristic.
• Get witnesses: If possible, provide names of witnesses and describe what they saw or heard.
• Follow up: A few days after submitting your complaint, follow up in writing with the person you addressed it to, confirming receipt and asking about the next steps.

Seek Legal Expertise

Navigating the complexities of employment discrimination claims can be daunting. The most effective strategy is to consult with an experienced employment attorney. For that, you should contact ZATLaw.

ZATLaw was founded to help employees demand the rights they deserve from their employers. We fight hard to ensure our clients get the justice and compensation they deserve. If you believe your experience has crossed the line from “unfair” to “illegal,” then contact us today. We can offer you a legal perspective on your case and work together to ensure your rights are protected.