I think I'm being discriminated against at work. What should I do?
Wisconsin is an at-will employment state, meaning if you don't have an employment contract, you can be fired for any reason as long as it is not discriminatory. However, federal and state laws do prohibit employers from taking adverse actions against employees because of certain protected classes.
Generally speaking, an employment discrimination claim starts with three basic elements:
• You are a member of a protected class (such as race, sex, religion, national origin, age, sexual orientation, etc.)
• You experienced an adverse employment action, such as termination, demotion, a reduction in hours, etc.
• The adverse employment action was caused by your membership in the protected class
Some types of claims have additional requirements. For example, disability discrimination claims and retaliation claims involve their own legal standards and analyses.
If you think discrimination may be occurring, there are some important steps you can take:
- Document what happened
Keep notes regarding incidents, conversations, dates, and potential witnesses. - Preserve records
Save emails, text messages, performance evaluations, disciplinary records, and other relevant documents. - Review your employer's policies
Many employers have procedures for reporting discrimination or harassment. Consider keeping copies of any complaints you submit and any responses you receive. - Be cautious before resigning
If possible, understand your rights and options before making major employment decisions. - Speak with an attorney early
Employment cases are often built on documents, timelines, and facts that are preserved early in the process.
Every situation is different, and determining whether unlawful discrimination occurred requires a careful review of the facts.
If you believe you may be experiencing discrimination at work, Freeman & Johnson Law Office can help you understand your rights and evaluate your options.
