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How to Complain about Discrimination / Harassment at Workplace

12/11/2011

 
It is very important to complain about discrimination or harassment that you or your co-workers might be experiencing the right way, because this will ensure that (1) your employer is on notice of the unlawful conduct that might be taking place in the office; and (2) it provides you - the complainant - the legal protection against retaliation. Here are some of the tips on how to properly complain about discrimination and the common mistakes to avoid that other employees make when  complaining about discrimination or harassment: 

* Make sure that your complaint letter is short. There is absolutely no reason for your complaint to be longer than one page. The shorter your letter is, the quicker it will get the attention of the manager that you expect to help you. Some employees right out their entire work history with the company and how wonderful they have been during their career before getting to the point. A five-page memoir about your work issues is likely to be put on the bottom of the pile of documents of your supervisor or hr manager and not get the attention it needs promptly.  

* Make sure that your complaint letter uses proper terms. You must use the words "discrimination" and "harassment" in your complaint. Otherwise, the employer will later argue that they didn't know that you were subjected to these unlawful acts. Some employees use just about every other term in their complaint, including "disrespectful," "unfair," "lack of dignity," "humiliating" but this is often not enough to put the employer on legal notice of unlawful conduct at workplace. Disrespectful and unfair can mean many things. Thus, you should be more specific.  

* Make sure that your allegations are specific. Using the terms harassment and discrimination is essential but that alone is not enough. You must not limit your complaint to generic adjectives such as "abusive," "inappropriate", "hostile" as these terms could mean many things. Instead, quote specific words that you believe to be discriminatory and describe specific actions that you consider to be harassment or discrimination. In other words, stating in your complaint that your manager called you a "fucking nigger" is much more effective than stating that your boss was very rude to you and used a racial slur. Likewise, stating in your complaint that your boss told you that he would love to fuck you over his conference room desk is much better than saying that your boss has propositioned to you at work.  

* Consider not making your complaint anonymous. Although there are some advantages to making an anonymous complaint, especially if the victim of discrimination or harassment is someone other than you, when you are trying to protect yourself, consider to actually sign your name on the complaint. This way, the employer who tries to retaliate against you for complaining will have a much harder time arguing that they couldn't have retaliated against you because they didn't know that you were the one complaining.  

Keep the above tips in mind when complaining about discrimination harassment and feel free to use this sample letter complaint for discrimination / harassment at workplace. 

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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
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    • Effective Mediator
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    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case