What If You Are Discriminated Against?

Nancy Anderson • Aug 17, 2015

@Renee sure does sound like it's time to exit. It's terrible when employers act like that. It doesn't sound like discrimination though since he does it to others also. But the bullying is another story. Is there anyone you can talk to about the way you are treated? If not, then exit as quickly as possible. But, in spite of all of this, do not bad-mouth him or the company. That always seems to have a way of backfiring. It makes us feel better to speak our mind but it could have very negative affects down the road. Our world is much smaller than it used to be while social media is much larger. We wish you all the best.

Renee G. • Aug 16, 2015

Ive worked for the same man for almost 8 years I barely make 13.50 per hour and all he ever does is bully me in front of other people he yells at me and treats me like I am 11 years old.. I am 53. I need this job right now but I am searching for another as we speak. I feel like he picks on myself and my coworker. He had caneras put up in the office and watches us like we are a tv channel. is there something illegal about watching us when the cameras are there only for security not to be uncle sam.. also the other facilities dont have them just us.

Nancy Anderson • Jun 4, 2015

@Johnathan bravo to her! If only more of us would do what she did. Not that we would always win but it sure would garner attention within the company, at a minimum and maybe even statewide or national attention. The only way things are going to change is if we stand up and start making some noise. Most of us just go along with the flow because we are afraid of being unemployed and not finding another position. That certainly would be a chance that we take. But sometimes, like your friend, we can come out on the top. Of course I have to wonder how your friend is being treated now.

Johnathan R. • Jun 4, 2015

I knew a woman, age 45, who applied to the state and was turned down 50 times. She was very well qualified - holder of MASTER'S DEGREE in her line of work. She documented all 50 applications, sued the state for age discrimination and won the case because age discrimination is illegal in that state. She was offered whatever salary level she wanted and her choice of what city she would be employed. Sometimes we catch little Billy with his fingers in the cookie jar!

Nancy Anderson • Apr 22, 2015

@Celena, I know that is a difficult position to be in. However, never badmouth your former employer or company. Simply say that you were looking for more. Or maybe that you had gone as far as you could and you were looking for a growth opportunity. Or even that you are changing careers - looking for new opportunities. Whatever answer you offer, never say a negative word against your former company. The world is so much smaller and faster now - with all of the social media sites. You never know who the hiring manager might know - including your former boss. Best of luck.

CELENA F. • Apr 21, 2015

How do you answer "why did you leave your job" then if it was because of employment discrimination know the potential employer will call your former employer? That's been my fear answering the question knowing that my bitter former employer will badmouth me to ruin my chances.

Nancy Anderson • Apr 18, 2015

Sorry @David that you went through that. Did you explain the situation and let them know that you were working on getting it fixed? That is such a shame when they go through the interview process, etc. and then this happens. As for those without transportation - it is up to them to find a way to get to their job every day. That's why they should only apply for jobs that are on the busline and that have hours that agree with the bus schedule. It's tough when you are without transportation for sure. It is discrimination? I don't think that the Act covered such contingencies. Wishing you the best on your next position.

C. David Guittard • Apr 17, 2015

What constitutes discrimination? Is it just the legal definition supplied by the Civil Rights Act of 1964 that forbids bias due to gender, race, or ethnicity which people have no control over and isn't related to the job responsibilities? Or does it/should it go further. Age isn't protected. Neither is sexual preference. What about transportation for people who are going for a job which isn't driving related?

I recently went for 3(!) interviews for such a position. My car broke down and I am in a small town where everything is a 30 minute walk away. I was told I had the job, even got a check for a whopping two hours of my time which I spent in training. The interviewer wasn't aware that a car was a requirement for this position. I was, in short, discriminated against for not having a vehicle.

I am going to propose a few things:

1. Life isn't fair- If someone won't hire you based on your race (or transportation situation), you probably wouldn't have been happy there anyway.

2. A business IS private property. The owner has a right to be as stupid as they want to be (within reason, there is the aforementioned Act which I feel should be abolished in the name of owner's rights).

Sure, we can register complaints. I feel it is better to just move on. I SHOULD be able to file a discrimination suit. I CAN'T but that's okay. It is literally their business.

Nancy Anderson • Apr 16, 2015

@Jerry so sorry to hear about your situation. Have you talked to the career counselor at your school? Maybe that would be the best place to start. Is it possible that you could do a work/study program through the college? This way you could start building up a positive image and continue to build upon that. @Russell - wow I hear you and your passion. Maybe you should run for a state rep position in your state! Change has to start somewhere. I can't even imagine the mess that is happening in our healthcare system. From politicians who do not the ACA to be valid to patients who do what they can to use and abuse the system to doctors and other healthcare providers who are in it for the money. Maybe it is naive to think that someone will stand up and draw the right public attention to the issue but this is usually what it takes. Let's just hope that it does actually happen sooner than later. As for who the public elects for political office - sometimes it's out of their hands. I can only wish the best for you - hope that you can find a niche in a real, basically by the books healthcare facility.

Russell S. • Apr 15, 2015

@ Nancy, No one's more sorry about having to work in such environments as me. I'd venture to say that approx. 50% of my employment opportunities have ended for the sole reason of illicit business fraud. I'd also venture to say that there are many,many ,many more employees that exist in such negative cultures in healthcare just because of the hooks of a home mortgage, kids schooling, money issues, ect, that would love to move on, but feel they can't.So they allow themselves to be strong armed and go along to get along. While I did not spend all of my employment time logging incidents, far from it, it became an extremely integral cog in making sure some business was made aware not to attempt to discriminate by providing negative feedback regarding my future employment ventures. Those issues also provided me with rationale during a job interview as to why I left my previous position. I would typically verbalize my feeling that I was not comfortable with certain business decisions of my previous employer, and then provide an example which I've never had a prospective employer disagree with.Yes, I did get employment offers from those prospective employers, even after I verbalized that I would not remain with any employer should they made those types of business decisions. Keeping records of specific egregious incidents is mandatory in today's healthcare market to protect yourself. I believe it's a bit naive to entertain the notion that sooner or later someone is going to have to stand up to the company, since the business model has purchased our political system. The reason that many Home Health employers feel that ability to commit fraud is directly related to the lack of oversight currently provided by a Medicare system/ auditors overwhelmed by an explosion in new agencies while politicians cut funding to oversight by the Medicare program.There's so much money flowing out of this program that companies are not discouraged from the possibly of being caught or fined a couple million, when their yearly take is 10X that. The only way I perceive change will occur in this arena is for the populace to wise up and forgo electing politicians who boast about their hate for the government while purposely handcuffing the oversight of these programs by cutting funding, and then yelling from the rooftops about how inefficient these government programs are.

Jerry Philp • Apr 15, 2015

Nice article but I'm still having issue's with my poor work experience the past 15 years. I couldn't even get a dishwashing job in my home town due to the fact they only hire pre-releasers. I've also been on disability and going to college and needed more time for school, since I was in my late forties. What must I do?

Nancy Anderson • Apr 15, 2015

Thanks @Russell. So sorry that you have been forced to work in such a negative culture. Keeping good records is important, that's true. But if the work area is so bad that you are doing nothing but logging in each negative incident, it's time to move on. Sooner or later someone is going to have to stand up to the company. That's the only way that change will ever occur.

Russell S. • Apr 15, 2015

The best and ultimate way that provides the employee any leverage against the game that's rigged against them is for, you, the employee to become as knowledgeable about the employer and how they conduct their business as possible. I've been in healthcare for over 35 years and I haven't been associated with ANY employer that doesn't hold skeletons in their closet. The degree of unscrupulous activity you witness firsthand (not reported by someone else), will be invaluable when and if the time comes to part ways with your employer, just remember to log each occasion, in a safe location ,precisely with dates/times/persons involved/activity witnessed.I've chose to part ways with many home health agencies because of how they chose to conduct their business, most disregarding Medicare regulations to fleece the government for illegitimate reimbursements.Also, don't expect your fellow co-workers to assist or support you since the majority are too scared or just lack backbone, so keeping accurate records of illicit activity is essential for your protection.I suppose I find the lack of employees standing up for what's right more distressing than the business culture that fosters unethical behavior. The majority of business cultures thrive on lack of regulation and oversight to maximize profits, while the employee is strong armed into going along to get along. When you're raised in a region where organized crime was prevalent, you thoroughly understand the concept. Whereas, unlike organized crime, a business will not go to the extreme of snuffing you if you threaten to expose them, they are most certainly malleable to allowing you to go on your own terms and wary to provide any negative communication about you as long as you assure them that you're more interested in moving on, than boat rocking. Just assure them that you'll be prepared to "call" them if they wish to escalate the bet.

Reuben W. • Apr 9, 2015

""Instead of filing a lengthy, time-consuming lawsuit, ...."" Nonsense. Take them to court and do not settle. And Do not let your attorney try to convenience you that mediation or anything else will be easier. 11 years and fired?!!@## how do they justify that? Keep good records and make sure you report to HR. Better to get an attorney on it earlier that wait till you are going out the door. Talk to an attorney today. The local bar association will introduce you to someone for around $30.

Curtis M. • Apr 8, 2015

I feel discriminated against whenever applications ask the "What Is Your Race" question for EEO. I always choose "I do not wish to provide this information"

Mary P. • Apr 8, 2015

Obviously, the writer has never lost a job due to discrimination.

Jay Stone • Apr 8, 2015

Thank you Ellen. It's nice to not feel alone although I know it's not so nice for you right now. I hope that things go better. I also worked in a Wafer Fab and was fired unexpectedly after 3 years of perfect attendance and extra hard work. The only thing I could find was that during meetings which we were supposed to speak our minds and offer suggestions it wasn't really the case. They didn't want to hear anything but "Yes my love". I even joined a team to try and sure up things in our work area. But I was accused of causing a hostile environment and the funny thing was that no one could find an incident either. Also the accusation was written down in pencil, so it was added on. I guess I must have ticked off some manager. It wasn't the one I worked with she was fine. I never found out. I was treated like some kind of terrorist. I couldn't talk to any of my co workers at all. I found out later that there were lawyers who made their living on law suits against that company. So I just left it go a nd they for the most part left the country. If they had a problem with me all they had to do was talk with me in their office. But that's a coward for you. Be careful going above that manager though, because he will come after you in any way to make you look bad. Do your best and try to get out of that department. Thanks Nancy for your responses:-)

Nancy Anderson • Apr 7, 2015

I think we have all experienced discrimination in one form or another. It is sad that we have managers and supervisors who can't see the forest for the trees; who are afraid to do the right thing for fear of being fired. @Ellen, I was so sorry to hear what you are doing through. I am hoping that if it comes down to it, that you will be able to go over his head and get this resolved or that you might even be able to move out of your current department into another one. @Donna, it truly is difficult to try to explain about a situation that affected you. If you are trying to explain this in an interview, just take a deep breath and just respond with the facts - try to keep emotion out of it. Unfortunately, if you allow emotion to get in the way, such as in the form of tears or anger, you will be nixing your chances at the position. Maybe talking about the situation with a close friend could help. That way you can tell someone else and let the emotions out so that during the interview, you can just tell it straightforward. @Curtis, yes discrimination can happen anywhere and we don't have to be a minority to experience it. You just have to decide if you want to continue working for the company. And yes, companies want to pay the absolute minimum in salary regardless of your experience. So sometimes it's best just to keep your head down and get your work done.

Ellen T • Apr 7, 2015

@Jay Stone..I totally agree with all that you have said. Currently, I'm in a situation where I feel like I'm being "personally attacked. "My supervisor has never been in management. So he's trying to establish himself as a "manager/supervisor" but he is trying to force his way of thinking on everyone.I don't think he understands that you have to treat each employee as an individual instead of a group. I feel like he's micromanging. He wrote me up because he felt I'm being disrespectful to him because I don't acknowledge him everytime he ask me to do a task. I asked him how is "Me Not acknowleding him but completing the task at hand " effecting my work performace and work flow in the lab. I said give me an example of when I didn't acknowledge you and I didn't do the task. He couldn't but he wanted to point out that it has to do with my character. Obviously, he's making things personal because if he can't provide me with an example what else could it be. To me, there is no one way to solve a problem..What matters is if the result is the same. To me, I have a different way of thinking and that is the issue.. As long as my supervisor is in his position, he can try to exert his authority over me. I'm uncomfortable and I have two choices: to deal with it or not deal with it. I'm only dealing with it until I can find me a better job. I'm conforming but only for the of sake of not letting the stress of the job consume me.

Donna B. • Apr 7, 2015

Good advice, however, it is very difficult to remain totally confident. Explaining to a prospective employer a situation that was difficult and emotional and that you've had to come to terms with yourself is not easy. Employees can come out of those matters with their self-worth shattered.

Curtis C. • Apr 6, 2015

In the transition from the last position (dept dominate by race and a dept mgr who overruled his dept supv to screw things up) to the current one (minority owned run biz with 80% one race) I explained the reason I left without including anything about race. I don't have a problem with race; it has a problem with me.

Curtis C. • Apr 6, 2015

Discrimination happens at many places whether with cronyism or nepotism. I've seen and experience discrimination by race ... as a white person. It happens. The problem is when in any situation the powers that be "stack the deck" they wind up with jokers. In the workplace, they are like cancers who create more problems than solved, waste time, and interfere with those truly trying to work. As a tech I'm getting close to age discrimination but with fewer jobs in the field, I find they want to pay $12/hour and that is for years of skills and training.

jeffrey r. • Mar 13, 2015

The main reason why there is this discrimination is because today we seek on common ground or in other words the proper fit to legalize your real true self in the name of the law yet realistically you are discriminant . As well today your resume is more an invoice of skill that gets weighed in relation to the job description the type of environment we would be entering as well for older workers employers can not provide us with the same compensation package if they did they can be sued if not held up by the laws that pertain to labor rights, So Employers will higher the younger workers out of High School knowing that they are lousy workers because they will pay cheap and Micro manage then fire and re hire to keep the wage minimum. So those who are of Academic material and have experience are then over qualified or discriminated and must find away to become entrepreneurs to avoid the rat race,

Nancy Anderson • Mar 13, 2015

@Jay - thanks for your comment. If only all workers could have your attitude, things would be so much better in the workplace. I feel the same way you do - can work with anyone as long as there is respect. They don't have to like me and we don't have to socialize but respect in the workplace is key.

Jay Stone • Mar 12, 2015

Hi Nancy, You're right some jobseekers should do that. Unfortunately most of us don't have the money for attorneys. But you are correct. Fortunately I have only experienced that situation a couple of times. The two times I was let go neither manager had any justification for firing me, except they didn't like me. I have never let my personal feelings effect how I treat a guy or girl on a job. We are paid to work together and I do my best to see that we get along so the job gets done. That's what teamwork is all about. The Oakland As baseball team in the 70's did not get along personally but when it came time to play they worked together as a team and resulted in a couple of World Series wins. I believe that the same thing can be accomplished in the market place. I worked with a guy for 3 years that had a lifestyle alternate to mine and we got a lot accomplished working together. On the job is on the job and whats personal is personal and I try to keep them separate. If friendships build they do. I am willing to work with anyone who is willing to work with me. Too bad some in authority don't see it that way and hurt innocent people just because they think differently. That's pretty High School if you ask me! Unfortunately in trades some people are not very well educated or were too smart to tolerate, so these things occur. There is too much emphasis put on attitude! Attitude has really little to do with what a person can accomplish. I have worked with some people whose attitudes were of question but they knew their job and if left alone they got it done and done well. Trouble with some managers not only do they want you to perform they want you to have their outlook on things. To me that is micromanaging and egotistical. Not everyone skins a cat the same way. Every dictator has fallen and went away hated. The places where I worked the best were places where we were left to do our jobs. As long as the work was done that was all that mattered. Granted a positive attitude toward what your are doing is helpful, but it is not a cure all. Trust me I have overcome more than my share of drawbacks and lousy support to the point that I don't rely much on what people say. I was too everything to succeed according to what most people said! Take a look at my resume and see if I really failed or not. I have adapted quite a few times. I know of people who have committed suicide over much lesser battles than I have fought. Hey I appreciate your responses and I know that this is eventually work out:-)