EEOC Tips for Employees: Unfair Discipline at Work? How EEOC Can Help скачать в хорошем качестве

EEOC Tips for Employees: Unfair Discipline at Work? How EEOC Can Help

My employer TRIED to discipline me to retaliate, but I stopped it. Here's a video about how:    • How to Fight Illegal Retaliation & WIN - E...   I am not an attorney, just an employee like you. So treat my advice like you'd treat advice from a co-worker over lunch... and do your own research. An employer can’t discipline or terminate us just for filing a claim with EEOC. We are protected from retaliation, including illegal disciplinary actions against us. However, we are not protected from being disciplined or fired, after we file a claim with EEOC IF our employer can show that our protected status played no part in their decision. EEOC protects us from ILLEGAL discipline, as it’s spelled out in EEOC’s Compliance Manual on Employee Discipline and Discharge (CM-612). Illegal discipline can takes several different forms. For more info on each, check out more at EEOC: Disparate Treatment: We are disciplined more severely than similarly-situated individuals who are not members of our protected class. Adverse Impact : A policy or rule results in disproportional discipline against one protected class. Retaliation: When we get disciplined BECAUSE we engaged in a protected activity like filing a complaint. Accommodation: When we get disciplined simply because we requested accommodation of our pregnancy, other medical needs or religion. More detailed explanations of DISCRIMINATION TYPES here: https://www.eeoc.gov/laws/guidance/cm... More detailed info on EVIDENCE here: https://www.eeoc.gov/laws/guidance/cm... Index of EEOC Guidance (covers all guidance, not just discipline): https://www.eeoc.gov/guidance We can’t use EEOC to escape legitimate discipline for violating our employer’s policies, standards or rules, even when the reason we violated those standards is because of a covered disability. We still have to meet the requirements of our position. * That doesn’t mean our employer can do whatever they like. Their punishment can’t infringe on our legal RIGHTS. That means they can't do things like go harder on us because of our protected status or deny reasonable accommodations as punishment for poor performance. Those things are ILLEGAL. From CM 612. 3: Most disciplinary actions don’t happen because we did ONE thing wrong. Some reasons are LEGAL, like legitimate conduct or performance problems. Some may be unfair, but not illegal... BUT if our protected status had ANYTHING to do with our employer’s decision to discipline or terminate us, that’s ILLEGAL. It doesn't have to be THE reason. Just A reason. We can prove our protected status was A reason (and our employer's discriminatory intent) with several types of evidence: 1. CIRCUMSTANTIAL EVIDENCE Temporal proximity of two CIRCUMSTANCES suggests they are related. 2. COMPARATIVE EVIDENCE Are we treated less favorably than "similarly-situated" peers? In the video, I share a NEW "headshaker" moment from my fight to illustrate. 3. DIRECT EVIDENCE DOCUMENTATION of your employer's discriminatory statements, including jokes, about you and/or your protected class. I share another new moment from my fight to illustrate this one. 4. STATISTICAL EVIDENCE Data that shows a disproportionate percentage of workers who get disciplined for that offense are members of your protected class. It can be hard to get your hands on that kind of information. If you think that may be happening in your case, let your investigator know and ask them to check it out. You can also request the data later, during discovery. Some employees succeed at getting it... some don't. If your case involves ILLEGAL DISCIPLINE OR DISCHARGE, here are a few cases you may want to review, for a deeper understanding. These are a FEW that I found. They may link to others. Mt. Healthy City Bd. of Ed. v. Doyle, 429 US 274 - Supreme Court 1977 https://scholar.google.com/scholar_ca... McDonnell Douglas Corp. v. Green, 411 US 792 - Supreme Court 1973 https://scholar.google.com/scholar_ca... Smith v. Lockheed Martin Corp., 644 F. 3d 1321 - Court of Appeals, 11th Circuit 2011 https://scholar.google.com/scholar_ca... Perry v. Woodward, 199 F. 3d 1126 - Court of Appeals, 10th Circuit 1999 https://scholar.google.com/scholar?q=... St. Mary's Honor Center v. Hicks, 509 US 502 - Supreme Court 1993 https://scholar.google.com/scholar_ca... St. Mary's Honor Center v. Hicks, 509 US 502 - Supreme Court 1993