Stereotyping at Work, Is it Discrimination?
Many employees encounter stereotyping in the workplace. It is essential for both employees and employers to recognize when playful jokes transition into discriminatory harassment to safeguard their rights. Often, individuals arrive at work with preconceived notions about colleagues' behavior and work ethic. However, when these assessments stem from an individual's race, disability, gender, or other protected characteristics, they risk committing unlawful harassment rooted in those stereotypes.
Legal Protections Against Stereotype Based Decisions
Illinois Federal Court has addressed stereotype-based discrimination in the case of Young v. Control Solutions, LLC, No. 15-cv-3162, 2017 WL 2633679 (N.D. Ill. Jun. 19, 2017). The judge noted that terms like "angry" and its synonyms, while innocuous in isolation, have historically been associated with negative stereotypes of Black women, tracing back to the institution of slavery. The court acknowledged the prevailing academic consensus on the persistence of this stereotype in American society and its harmful effects on Black women. When language is so closely tied to a derogatory stereotype, its use to describe individuals within that group can raise concerns of discriminatory intent. Consequently, the law recognizes that specific words and phrases aimed at particular individuals may serve as evidence of bias. If you suspect your employment is at risk due to discrimination or stereotype-based harassment, consulting with an experienced employment attorney can help safeguard your rights and interests.
The Importance of Documentation
In many instances, employees encounter significant challenges in pursuing a favorable outcome in trial or settlement negotiations due to a lack of understanding regarding the necessary evidence until it is too late. Performance Improvement Plans (PIPs) play a crucial role in the employer’s termination or separation process because they establish a documented record of the employer's observations and evaluations. Consequently, it is imperative for employees to learn how to effectively document their own performance in a manner that counters any misleading or unjust depiction by the employer.
This documentation may involve crafting written responses to the PIP or sending emails to colleagues and witnesses that effectively capture and memorialize relevant events. Engaging with an experienced employment attorney is essential to navigating the complexities of the legal process. Such professionals can provide guidance on what constitutes admissible evidence in court and identify the critical elements needed to establish a robust case against an employer.
How can the Fodera Law Firm help You?
The Fodera Law Firm has successfully represented clients against their employers before the Equal Employment Opportunity Commission (EEOC) in a number of significant cases. Ross J. Fodera, Esq. has the expertise required to keep you informed of the value and status of your case. Ross can assist in representing clients in claims such as:
Wrongful termination
Disparate Treatment
Denial of Benefits
Disparate Pay
Sexual Harassment
Racial Discrimination
Disability Discrimination
Gender and Sexual Orientation Discrimination
Non-selections
Retaliation
