Friday, January 11, 2008

What Would You Know About the Race-Card?

Many Whites will throw around accusations that Black workers just play “the race card.” Most times, they never know the full facts about what a Black worker has suffered, but they still feel it’s okay to throw around “the race card” and “race-baiter” labels as if Blacks have nothing better to do with their time.

Do they ever stop to think about the additional mistreatment that a worker will often encounter after filing a complaint of race-based discrimination, harassment or retaliation? Even a victim of sexual harassment can tell you that accusers are often subjected to additional mistreatment, following a complaint.

So, I ask…who willingly puts their life into chaos simply to make a false claim? The number of workers willing to file false complaints and to put themselves in a position to have an even bigger bulls-eye painted on their forehead has to negligible.

When I filed my complaint with a state agency, alleging race-based retaliation and discrimination, the case worker strongly suggested I not file the complaint until I’d left employment with the company. She said that her agency found that attacks and illegal misconduct often escalated AFTER a person filed a complaint.

She said many employers would often document all sorts of false issues and get witness statements against a complaining employee in order to discredit them. In fact, she came right out and said that many employers looked for ways to “set up” complaining employees, while they were still employed.

She said these actions were taken because employers hoped that any evidence (false or real) that they could come up with would create a pretext or cover story for all of the decisions that had been made against the employee in the workplace. There was also hope that creating patterns of poor performance or bad attitude, etc. would justify why an employee was being targeted by HR staff, managers, directors, etc.

Stated plainly, even when being investigated by a state or Federal agency, many employers continue to engage in illegal abuse against complaining employees.

Again, who puts themselves in this position simply to be a race-baiter or to play the so-called race card? It is not worth it from an employment/financial, physical or emotional standpoint. Depending on where a worker is geographically location, they may have an issue of dealing with courts that don’t like to take on these cases. So, there’s always an uphill battle, when making race-related complaints at work.

People shouldn’t focus on petty labels like “race-baiter” and accusing someone of playing the “race card.” Unless you’ve experienced the trauma that many workplace complainants are subjected to, you should not be so quick to judge anyone’s motives for filing a grievance.

Real racism and real cover-ups and real targeting of complaining employees makes it nearly unbearable for many workers to see through the process of vindicating their rights through an investigatory agency or by legal means. Many workers walk away and start a career somewhere else. This is often easier than being subjected to continuing race-related mistreatment at a job.

If anyone assumes that many or most Black workers, who complain of race-based misconduct at work are playing the “race card,” then they should look in the mirror and ask themselves about their own race-related biases against Blacks.

No one chooses to be victimized at work.

The number of people willing to “play the race card” and to see it through an internal or external investigation and/or legal scrutiny is probably close to zero. A liar will be exposed!!

You couldn’t pay me to subject myself to the trials and tribulations I’ve endured. I’d rather be left alone to do my job! I’m sure I speak for many others.

By the way, accusing Blacks of playing the race-card (without knowing the facts of a case) amounts to playing the race-card yourself.

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4 Comments:

Anonymous Anonymous said...

It is so true that employers try to do anything and everything they can to discredit or set up employees who filed complaint against them. I am in a situation now which exactly fits into what has been described in this post.

6:59 AM  
Anonymous Anonymous said...

I am looking for advice regarding my current situation.

I had filed a charge of discrimination, then a few months later filed a charge of discrimination and retaliation to SDHR. As reported on this post, the employer started a full campaign to discredit me by sending most behavioral problem pronged students, agitating the parents of my students, picking on me for slightest errors I may or may not make. In my 20 years of service, I have had unblemished record, no negative ratings, no negative letters to file, no charges from parents. In just a matter of few months, I have had 3 letters to file, 2 "U" ratings, 5 various charges from parents.
I am just wondering if any of these charges sticks, doe it weaken my current complaint to the state agency against my employer, DoE of NYC? as they set up a trap, they will find something to discredit me.
I am seeking help and comments from the readers of this post.

7:29 AM  
Anonymous Anonymous said...

Anonymous, regarding your charge of discrimination: make sure you DOCUMENT EVERYTHING. Show the connection between the time that you filed your complaints and the sudden negative ratings that you received. Emphasize your 20 years of service with an unblemished record prior to filing your complaints. Also, check out the EEOC's Compliance Manual regarding retaliation, and anything else that applies to your situation. Normally, when an employer engages in retaliatory discrimination, it also tends to engage in intimidation and harassment (www.eeoc.gov). Good luck to you and I hope thinks work out for you.

4:25 PM  
Blogger S. Mary Wills said...

That advice is absolutely on point. You can link the new allegations with the timing of you filing complaints. This will help show that the new and false complaints are just a pretext to hide the true motivation (retaliation) and to try to coerce you to drop your complaint.

These agencies are used to employers engaging in these tactics. Luckily for you, you don't have a previous record of being a poor performing employee or of having personal/personality-related issues. This will definitely work in your favor.

But, as written, you must document everthing. Something that may not seem important could be critical later, so be very diligent in documenting everything big and small.

It will definitely send up red flags that you have a clean record for 20 years and in months you've gotten 3 letters and other negative postings to your file. Every negative attack must be addressed. Go through the accusations, line-by-line. Compare what's written to your documentation and show what's false and what raises questions as to the truthfulness of your employer.

Are there any witnesses? Get names and/or ask for statements. Create a witness list, so that investigators know who can corroborate your story. The charges against you may be able to stick in your workplace, you can't really control the decisions that HR, etc. may make.

You need to concern yourself with making sure they don't stick with the investigators. That's where documentation (email, memos, charts, written instructions, letters, post-it notes, etc.) and witnesses come in real handy.

It is very time consuming, but you will be glad that you've gone through your documentation and evidence very thoroughly. You want to look at every word they chose carefully because it can help you expose their motivation (painting you as a repeated behavior problem, etc.)

Here are some common types of evidence you may be able to use to show you were set up (forgive the formatting from cut and paste):

 Emails
 Memos and Other Documentation (reports, charts, timesheets, etc.)
 Handwritten notes
 Voice Mail Messages (transcribe, save, and tape record)
 Documentation of Face-to-Face Meetings (You should write down what was said at any face-to-face meetings. Following the meeting, send an email to the person or people you met with in order to get the content of the meeting in writing. For instance, “We just met to discuss [insert the purpose of meeting] and you said that I was deficient in…”)
 Tape Recordings of Meetings or Conversations
 Witness Support/Evidence (notarized statements, corroborating testimony, etc.)
 Copies Of Performance Reviews
 Your Personal Logs of Events (see the Resource Section)
 Human Resource Records (your personnel file)
 Corporate Personnel Manual On Policies And Practices
 Corporate Performance Review Guidelines
 Departmental Information (specific procedures, contracts, etc.)
 Organizational Charts and Records (corporate and/or department level)
 Federal Laws and Regulations Regarding Workplace Conduct (your company’s anti-harassment policies, anti-discrimination policies, etc.)

Argue that you were set up for failure for the reasons you stated and give examples. Show how you were "picked on," which amounts to heightened scrutiny and observation, part of showing a hostile and offensive work environment.

Look through the archives on this blog for more tips. And, look at the links section for resources!

1:40 PM  

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