Keeping Copies of Timesheets Could Prove Elements of Your Case Against An Employer

If you are filing a grievance against your employer (and just as a general rule of thumb) you should always maintain copies of your timesheets. Even if you record your hours on an electronic timesheet, you should print your timesheets and place them in a file folder for safe keeping. If you have filed a grievance, you definitely want to keep a copy of your timesheets for the period of time covered in your complaint.

I’ve worked for an employer that falsified and manufactured timesheets to try to disprove a case against them that was being investigated by a state government agency. The reason this employer was unsuccessful in getting away with their submission of falsified documents was because the employee maintained a copy of all of her timesheets for that period and could show that new timesheets had suddenly “appeared” in her file (with completely different hours recorded). It would have been beyond her capacity to doctor an exact copy of the corporate timesheets, but much easier for her employers to do so. Keep this example in mind, when it comes to your own timesheets.

Keeping your timesheets will prove the amount of leave you used, if any, as a result of stress-related ailments due to harassment, discrimination or other illegal activities committed by your employer. You can use these timesheets to request a restoration of your sick leave used while you were being harassed and tormented at work. Timesheets will also show your general sick and vacation leave used, in case there is some later dispute about your attendance at work.

Keep in mind, when employers are being investigated or questioned, they want to show negative past behavior on your part. Leave is one area for employer’s to attack and is often one of the first targets they will hit. If you are being targeted at work, the torment is designed to cause you to lose your focus, make errors, force you to resign, and to cause any other side effects that will play into your employer's hands. Your employer wants to drive you to drinking and to the verge of a nervous breakdown, but will question your sick leave during these attacks. Your employer will also attack legitimate reasons for being out of the office.

In my case, on the first day of an attack by my supervisor, my supervisor falsely stated that everyone questioned my hours in and out of the office and everyone wondered where I was. She told me, “We want you to come to work.” And, she said it as if I had been out of the office on a routine basis. The only absences I had from the office were pre-approved and involved work-related travel (out of state) and client meetings that took place off site. Yet, my supervisor was declaring that no one knew where I was, what I was working on, and wondered when I got anything done—because I was supposedly chronically out the office.

I have a copy of all my timesheets to prove that this statement was an obvious and intentional lie. But, it didn’t change the fact that my employer gave it the good old fashioned college try in order to justify their unjustified attacks against me. That’s why I am passing this warning on to you. Don’t let your employer have the only copy of your timesheets. It could come back to haunt you.

Finally, you may want to maintain a copy of your previous year’s timesheets as added insurance against manipulation by your employer. If your employer feels the need to create long-term problems with your employment, they may go well into the past to show so-called performance/attendance issues on your part.

Remember, even your legitimate use of sick leave and vacation leave may come under attack from your employer. When requesting advance leave, make sure your time off is approved, forms are signed by the proper authority, coworkers are notified of your schedule, your assignments are covered during your time out of the office, and that you have a copy of your signed and approved leave form in your personal file.

Final thought: If you’re under attack at work, always get a note from your doctor, if you’re out sick.

Fighting Back Against False Statements

I’ve seen my fair share of false and malicious workplace statements. This includes false statements that were written by coworkers and false statements that were prepared by an employer and signed by a coworker.

Much of what is written about Black employees, when it comes to false documentation, falls into stereotyping the employee, character assassination and personality attacks, and an overreliance on blanket statements that have no supporting documentation or other evidence to back up the claims. For instance:

-- A Black employee may be labeled as a behavior problem that falls into stereotypes of African Americans (e.g., being angry, defensive or unprofessional);

-- A Black employee may be labeled as having communication issues (e.g. being rude,
negative, argumentative, hypersensitive, etc.);

-- A Black employee may be labeled as insubordinate;

-- A Black employee may be labeled as being disliked by a number of people or many
people in their office, department, team, at the company, etc.; and/or

-- A Black employee may be accused of problems they didn’t directly cause or of performance deficiencies that do not exist.

When it comes to race and racism in the workplace, many Black employees may find themselves falsely documented for any variety of reasons. Regardless of the reason for being documented by a supervisor, manager, coworker or the company—as a whole—I’d like to provide you with these tips:

1. Always be as anal as you possibly can, when reading a false statement. Analyze every word that is written. If you have been provided with a false statement, you should remember that great care has gone into preparing the document. Each word was chosen for a reason—on a conscious or subconscious level.

2. Analyze the wording in the documentation and attack, wherever you see an opening. For example, if someone writes that you “appeared” to be angry or you were “perceived” to be argumentative, demand clarification. How exactly did you appear to be angry? The perception of anger is subjective, could be seen differently on a cultural level, etc. Similarly, you should find out what made the person label you as argumentative. How did the individual define that? The person writing the documentation should specifically outline how you supposedly manifested your anger or what specific behavior demonstrated that you were being argumentative or difficult.

3. Always use direct quotes from the false statement in your response and follow the direct quotes with a hard-hitting response that shows the quote to be false. You want to attack the credibility of the person writing the statement. One of the best ways to do that is to attack their basic believability by showing their words can’t be trusted, that they are careless with their words and judgments, and that they will commit things to writing that can’t be substantiated in fact.

4. Do not allow blank statements to go without response! Ask for specifics about questionable or vague accusations—in writing. Make the individual commit to details. Always keep in mind that asking questions often forces people (even very educated people) to commit to telling even more lies. The more lies they tell, the harder it is to continue to keep the story straight. Therefore, it could become easier to refute their claims about you because they’ve strayed from their initial talking points and lies.

5. Provide written evidence that contradicts the false claims in the statement. For instance, if you’re accused of being disliked by coworkers, produce emails from coworkers thanking you for being pleasant to work with and a great team player. If you are being falsely blamed for problems on a project, even though you followed the instructions you were given, provide a copy of the instructions and show how you adhered to those procedures.

6. Point out anyone referenced in the statement, who has an axe to grind or is in some other way falsely accusing you of performance issues. Provide specifics that refute what this person is saying about you.

7. Prepare a response that refutes the false statement against you line-by-line. It is much more powerful to attack your attacker following their warped logic and lies. This also allows a third party to essentially hold the two pieces of documentation (the false statement and your response) side-by-by and to make a judgment on the credibility of the arguments.

8. If you haven’t already done so, DOCUMENT EVERYTHING from the moment you realize you’ve become a target. If someone is willing to put lies to paper and to place an employer at risk, by engaging in illegal behavior, they will likely not let up until they succeed at their goal (forcing you to resign, getting you fired or demoted, etc.) Once it’s been established that you are a target, start thinking of covering your butt and saving all the evidence you need to seek an internal or external remedy to your problems.

Fighting Back Against False Allegations That You Have Communication Issues

Many people we work with are unable to separate their race-based perceptions from reality. As a result, when some people work with Blacks, they may be preconditioned to miscontrue things said or done by a Black worker based on their own racial prejudices and stereotyping. For instance, a person with racial biases may be interacting with a Black worker, who asks several questions about the procedures being used on a project.

The Black worker may be labeled as being difficult to work with, very negative, hostile or may be accused of not being a team player simply because this person has a preconceived notion that Blacks are argumentative and confrontational. Instead of taking the questions as legitimate business and task-related questions, the Black worker may be looked at as being insubordinate, rude or "talking back." This is how race-based prejudices and biases can feed into problems in the workplace.

In the workplace, many Blacks hear about these race-based prejudices and stereotypes with the accusation that they have "communication issues."

Allowing someone to falsely characterize you as being angry, defensive, hostile, pissed off, distant/aloof, unable to take constructive criticism, etc. is a major problem. You could end up constantly trying to erase the negative and false perceptions created about you by those who have labeled you as having a problem communicating with staff. Being labeled as having communication issues will affect your performance evaluations, salary increase, and can significantly decrease your chance to advance within the company. Anytime you are falsely accused of having communication issues, you have to give serious thought about how to respond.

Here are some things you can do:

TIP#1: When it comes to so-called communication issues, try not to let the conversation become about your personality. Let it be known, right up front, that if your personality is to be discussed and dissected, you would expect that the personality of everyone involved (in whatever issue was raised) be discussed and dissected—person by person.

Why? Because, once the conversation goes down the path of discussing a Black person’s personality, it will likely become an all consuming, one-sided affair where the Black person will be expected to accept and acknowledge any list of faults being offered up by White coworkers and managers. If everyone’s personality isn’t being discussed, your personality should not be discussed. Communication is a two-way street. No individual should be held accountable for a conversation taking a perverse turn for the worse.

TIP #2: Check your company’s personnel manual to see what the guidelines are for handling work-based issues and personality-based issues. For instance, I had a former employer that explicitly stated that supervisors should stay away from making personality-based assessments of employees. Find out if there is similar language in your company’s personnel guidelines. Make sure that so-called personality issues, particularly fraudulent personality issues, do not creep into your performance evaluations and are not held against you in some other way.

TIP #3: Be careful approaching a person regarding racial stereotyping and labeling. I can guarantee that conversation will likely go quickly downhill--no matter how delicately you address the issue. All the person will hear is that you are calling them a racist. Even if they are, you have to be careful with a conversation like this. But, that doesn't mean you shouldn't have the conversation. However, before having any sort of conversation about such a sensitive issue, address the problem with your supervisor first to give them a heads up that this is an issue you have to deal with. Trust me, the person you speak to is probably going to run straight to your supervisor anyway. If it's a White woman, she may go to your supervisor crying and blubbering. All of that emotion will take the focus off of what has been happening and you will be in a defensive position about something other than what you intended to discuss. Before you speak to someone about race-based stereotyping, have as many examples as you can about how they are falsely labeling you based on racial perceptions and how they are making race-influenced assessments about your behavior, your speech, the motivation behind your actions, etc. If your supervisor says that you shouldn't discuss the issue with the person, you should contact Human Resources to try to get the matter resolved.

TIP #4: Document how this person has twisted your words and/or intentionally or untentionally misread the motivation of your actions. Document this person, if you know they have similar problems with other minorities. Find out everything you can about these other issues. Try to get statements from people, which will support your allegations that this person may have a problem working with Blacks and other so-called minorities. You can then address any issues with your supervisor. Remember, it’s important to show patterns of negative behavior from this individual. You have to prove that this person’s actions are negatively impacting your ability to do your job and/or your career (e.g., diminishing your promotion potential during performance review time, etc.)

Tip #5: Consider asking coworkers to shoot you an email regarding the quality of your work and your overall job performance/behavior. This should include comments about their working relationship with you. It's always a great weapon to have written statements that contradict someone's false claims about you.

Using Complaints From "Everyone" To Target Black Employees

-- Everyone says you’re an extremely negative person.

--Everyone says you're difficult to work with.

--Everyone says you’re angry and defensive.

Have you been on the receiving end of an “Everyone says…” at work?

Well, I have. At my previous job, everyone supposedly said they couldn’t get along with me and I was told that everyone in the company (inside AND outside my department) believed that I was angry and defensive. But, that’s not where things ended. Eventually, when it was clear that every comment being made about me was personality-based and not work-related, which violated company policy, I was suddenly told that “everyone” thought I had a problem managing my time and projects and that “every” task leader I worked with said they never knew what I was working on and that I didn’t complete my assignments on time.

This was only 9 months after receiving a great performance evaluation that said I was “team oriented,” “a joy to work with,” “pleasant,” “provided updates,” etc. Not only did a recent performance review contradict what was being said about me, but it turned out that my employers were forced to make a stunning admission in an external investigation. Yes, even I was shocked when they admitted that “Only one person could be found that stated…”

Why the change of heart? No, they didn’t investigate and realize they made a mistake when accusing me of performance deficiencies. They just straight got caught up in a lie. That’s because I would and I will not let anyone make blanket assertions about me that are completely untrue or that have been exaggerated to forward someone’s personal agenda/vendetta against me.

And, that’s the moral of the story.

Just because some so-called authority at your company (read: your supervisor/manager, director, etc.) proclaims that “everyone” at your job holds a certain negative opinion of you, it doesn’t make the proclamation true.

If you find yourself on the receiving end of what is alleged to be a tag-team accusation, start doing some serious questioning of whoever is making the assertion. You should:

--Find out who is allegedly saying these things about you. Ask for names.

--Even if names are provided, ask for the context of the comments or charges against you. In what situations are you alleged to have behaved inappropriately?

--Ask for those making accusations against you to put those comments in writing! Then, ask to see the written comments. If your employer says they don’t want to break the confidentiality of those mounting the charges against you (assuming they won’t provide you with the names of your accusers), tell them to remove the names from your copy of the accusations. They can simply strike through any names with a black magic marker, which will allow you to see the specific allegations being made about you without revealing the names. Always remember, just because someone is willing to put something in writing doesn’t make it true, although your employer may argue the opposite. People have agendas. I’ve worked with a Black coworker who bragged about making false accusations against her Black manager.

--Go through all of the allegations and refute them, line-by-line. Professionally attack the lies and half-truths. Be thorough. Anything you don’t address might come back to haunt you later. Do not lie! Just present a factual response.

--Always find out what specific policy(ies) you supposedly violated. If you are being reprimanded with some sort of employment action (demotion, transfer, pay cut, etc.), you should ask for a copy of the written policy that supports the decision. If you are not provided with a copy of the policy, from the current version of the personnel manual (not something your employer throws together), ask for a copy to be given to you—immediately. Ask what criteria were used to decide on the penalty you received. Ask that your employer justify the action—in writing!

--If you feel your punishment was extreme, find out why lesser remedies (oral or written warning, etc.) were not seen as a resolution to the problem.

--If you believe you were the victim of outright lies and an orchestrated campaign to get you in trouble, make an official request for an internal investigation. Provide any evidence you have and identify how any of your accusers are linked. For instance, the person who first reported you is the subordinate of someone you have problems with and that person has close ties to someone else who is making false accusations, etc. Try to tear down the house of cards by pointing out any inconsistencies that you can prove.

Hopefully, if you’ve been having any problems with staff, you’ve been documenting what’s been going on. Compile all of your evidence and use it to clear your name. If not, your case may come down to you say vs. they say. This will likely not come out in your favor, since your employer can argue that “they” have corroboration. They may not have evidence, but they are telling the same story.

Try to find anyone who can support your version of events and get a written statement from them. Think about staff who can write a very glowing character reference for you. Troll through your recent performance reviews for any statements that contradict what’s been said about you. Build a case in your favor. No one will do it for you!

I Want Someone Like Me

As I listen to White people starting to show some erosion on the issue of whether or not Sarah Palin was ever qualified to be nominated for Vice President of the US, I can't help but think about all of the White people I've worked with who've talked about trying to find new hires that were a "good fit," or who were "like us."

The full quotes went something like, "It's really important that we get someone in here who fits in." That's always had racial overtones for me, coming out of an HR background. I remember when ads used to read that companies were looking for qualified AA candidates. And, I remember being told by the compensation and benefits manager that AA stood for "All American." How many times do you think a Black man or woman or any other minority is going to fall into the category of being the perfect All American for a job?

It's not a thing of the past. Racial codes and racial innuendo are still prevelant in the workplace.

We need a good fit!

When people come in for an interview, you don't know that person. You know what you see and you know what they've said about themselves on their application/CV, etc. So, when you set out to look for a good fit, can you really say that race, color, weight, etc. aren't some of the factors that get included in determining if someone BELONGS?

Sarah Palin was supposed to be a good fit because she was All American. No one came out and said it, but they did say, "She's just like us." But, it's funny. Only a White woman could be damn near congratulated on having her unmarried teenage daughter turn up pregnant. Forget teen mothers, Black adult women, who are single, are still bad-mouthed for having had a child out-of-wedlock. But, a White teen does it and now it's something commendable because of the family struggle and unity and a mother wanting the best for her child.

But, it didn't stop there. Sarah Palin was "one of us" because she hunted, and ate mooseburgers, and was a former beauty pageant contestant, and had kids, and--like I said--a pregnant teen. That was all this White woman needed for qualifications. It didn't matter that she flunked out of a couple of community colleges and attended about 4 more colleges before getting her B.A. She was one of us and her qualifications couldn't be challenged.

But, Sarah Palin's not like me. She isn't like anyone I KNOW. Yet, she was being sold as being like us. Meaning being like WHITE WORLD. All American.

It's funny because a Black, Harvard educated man is still being called unready and unqualified.

WHO'S LIKE US? In the workplace, if you get more than 2 applications, this is what people are trying to decide. Are you like us? And, everyone takes it to mean something else. Black vs. White. Educated vs. Limited Education. Educated vs. Educated. All things being equal. Who do you pick?

Bush was "one the guys." He was someone everyone wanted to drink a beer with. That seems to be all you need in White world to get ahead.

I've seen so many people that "fit" come into an office and screw everything up because--like Bush--they didn't know what the hell they were doing, they worked by committee because they needed tons of assistance to do their job, and they caused problems within and sometimes outside their department. I've seen so many "fits" be hired that the entire dynamic in an office was changed. Everyone was the same and it wasn't for the betterment of the department or the company.

Dangerous things can happen, when you look for "fit." You can increase the level of existing racism, elitism, and other "isms" in a company by using the wrong basis for finding who will fit in. You can turn an office into a racial feeding ground. Everything can become Black or White. Race-based harassment, discrimination, and retaliation can go through the roof based on hiring decisions, which may lead to heightened incidences of racism and a stronger tolerance for race-based decision-making.

We need to learn to stop focusing on "fit" as the primary indicator of qualification. This is true in politics and in the workplace.

The Wall of Silence: I Didn't See or Hear Anything!!

Chit-chatting with my mom, she started talking about some of the White people at her job. She said, “No matter how long you work with them, you can never count on the White people to tell the truth! You just don’t know what they’re gonna say.”

Ain’t that the truth?

My mom was talking about the fact that she’s had things happen (e.g., offensive comments made to her by a White person) that she’s had to respond to (e.g., informing the person that they were not going to speak to her in a nasty manner), but when she’s said, “Well, x, y, and z were there and can tell you what happened,” x, y, and z (all White) would say they didn’t hear anything because they were distracted by something, were talking, reading a paper, on their phone, etc. But, they did, in fact, see and hear what transpired.

While some people don't have any problem lying to protect a coworker (based on racial solidarity and other factors), others will pretend they have nothing to contribute to the conversation because they don't know anything.

I’ve experienced this myself and I’m sure many of you have as well. The fact of the matter is that Black workers can’t count on White coworkers to tell the truth about what they know, when an incident has jumped off. It doesn’t even have to be race-related, on the surface. If a Black worker and White worker are involved in any level of dispute, it’s hard to get White coworkers, who’ve witnessed the interaction, to fess up to what they saw and heard. It can be hard to get Black workers to speak up, as well. But, generally, White workers are often more prone to helping build a wall of silence around someone who is out of line, has violated federally protected rights, etc. It’s called looking about for your own.

So, Black workers are often forced into a situation that is he said/she said, when there may be many witnesses who could shed some light on who is right or wrong in a situation.

What’s interesting is that when the Black worker is at fault, these same White coworkers are likely to be truthful and to speak up when asked—or they may volunteer information to help a White coworker or manager. It’s only when a White worker is at fault that we get the wall of silence. Everyone becomes an enabler.

The typical wall of silence is one of the reasons I keep stressing that targeted Black workers document all events at work and maintain hard copies and electronic copies of emails, memos, instructions, etc. If we are blamed for problems we didn’t cause, we can’t count on White coworkers supporting our contention that we were following the verbal instructions provided to the team. And, we can’t count on people of any race being truthful in an investigation. Many people decide that they will “mind their business,” when a really sensitive issue has hit the office.

Black workers need to expect that they will have the burden of proving their complaint/case on their own. We must document everything, including conversations and other face-to-face exchanges in the workplace. Here’s what we can do:

Always note the date and time of incidents and add the names of witnesses to the notation. If your witness has a relationship with your harasser, you want to make a note of that too. For instance, if one of the witnesses is lunch buddies with a person you are having a dispute with, then you want to document that in writing because it shows a potential motivation to lie.

If the witness participated in the interaction that took place, you want to make a note of that too. For instance, if the witness told your harasser they were out of line, to stop, to leave, etc. you want to make a note of that the same way you would note that they egged your harasser on by joining in on verbal attacks or physical intimidation. You need to focus on characterizing how everyone is involved in each incident. This might mean someone overheard events or participated in events on a minor or major scale.

The wall of silence can be broken, but Black workers have to do their part by showing that their complaints have merit and by keeping a list of who saw and heard the events that were taking place. That information can be passed on to an investigator or lawyer, who has a better chance of getting some form of cooperation out of the individuals involved.

Blacks and Workplace Racism

I’ve had many conversations with friends about workplace racism. While we talk about all of the crap that Whites in the workplace put us through, we also have many conversations about how Black workers often, knowingly and unknowingly, assist the White establishment in executing actions against a targeted Black employee.

I can remember the first time I saw a major race-related issue break out at work. I’m not talking about a minor skirmish or a brief back and forth between a worker and one manager. By break out, I mean that this was the first time I really saw a major fight brewing between a Black worker and the entire power structure at the company. And, it was the first time I saw a significant number of Black workers, who were intimately involved in what was happening and who had something at stake in the events, react to what was going on.

To put it mildly, I was completely overwhelmed with both disappointment and disgust at the Black workers involved in the situation at work. Yes, I can understand the natural fear that any worker would have, as far as sticking your neck on the line for another employee. But, in this case, these workers had actually encouraged a Black supervisor to stand up and speak for them because they were too afraid to complain about offensive comments made by a White manager at a staff meeting. I remember all of these Black workers talking a good game and saying they’d had enough and this time things were gonna change. So, they pushed to have this White manager confronted.

When it was all said and done and the Black manager was falsely accused of calling this White manager a “racist,” not a single one of these Black employees could remember any offensive remarks being made or of asking the Black manager to speak to the White manager about causing offense. “It didn’t bother me” and “I didn’t say I had a problem with it” were NOW the types of comments that were being made once the proverbial s%it hit the fan!

It was sickening. But, as the situation escalated for the Black manager, the behavior of the Black staff got even worse. Her Black subordinates and coworkers within her department turned on her in ways that you would not imagine.

Here’s some of what the Black workers said about the Black manager and did to her, which assisted the company in stripping the Black manager of her staff, assigning her menial work, and making false accusations against her:

• They said they didn’t hear any offensive remarks or didn’t take them to be offensive;

• They denied asking the Black manager to complain to the White manager about her offensive comments;

• They told the Black manager to apologize—even though she didn’t do anything wrong and was being responsive to the requests of her subordinates to address offensive behavior;

• They said the Black manager should “just let them [Whites] win” and should stop complaining and fighting back against harassment, retaliation, and a hostile work environment;

• They signed false statements against the Black manager that were written by White management;

• They suddenly and falsely accused the Black manager of being a bad manager, of being rude, of physically attacking them and fighting them at work, of turning them into “running dogs,” etc;

• They laughed at her behind her back and snickered in her face because her work was taken from her and divided among her subordinates—resulting in the subordinates feeling they had more power and respect in the department;

• They isolated the Black manager by not speaking to her, and/or being disrespectful or dismissive, when they did talk to her;

• They expressed pride in getting the new White managers they were assigned or felt they would benefit more from having a White manager;

• They took unspoken bribes to take the company’s side of the complaint or to remain silent about what they knew—in the form of unprecedented salary increases, bonuses, never before conducted market increases (solely for their department), tickets to sporting events, etc.

These Black workers made out like bandits on the back of another Black employee. They had no shame in what they’d done. This is despite the fact that this manager had put her neck on the line to fight for decent pay increases for many of these workers and had suggested promotions for others. This was her reward. When Whites put a target on her back, they helped cock the gun and pull the trigger.

Crabs in a barrel!

We play right into the hands of racists way too often.

Sometimes, I wonder if we haven’t conditioned ourselves, as a people, to be part of the problem and not part of the solution. When we see a Black person down, we immediately think that it’s their problem and has nothing to do with us.

“I don’t want to get involved.”

But, then I realize that not everyone is going to be part of the struggles that will benefit us all. Some people prefer to ride other people’s coattails. That’s how it’s been and that’s how it always will be. But, that doesn’t mean the struggle is any less important and that those of us, who are willing to fight, shouldn’t put our blood, sweat, and tears into doing whatever we can to change things for the better.

Keep your heads up and think about being part of the solution! That’s the thought for today!!

Investigator Q & A

I'm not recovering as quickly as I'd like from this back and neck pain. So, here's a reprint of some of the questions you can expect to be asked by an investigator, when and if you file and external complaint about race-based harassment, discrimination and/or retaliation.

--Who is bullying, intimidating, discriminating or retaliating against you?

--What specifically happened?

--What comments were made?

--What actions were taken?

--Was this a one-time incident? What day and time did this occur?

-- If this happened more than once, how many times were you subjected to this behavior, these actions, etc.? (Describe each situation)

--Is it still continuing?

--If so, what was the most recent incident?

--What was the impact? (State the professional and personal consequences that occurred as a result of the actions taken against you)

Think about tangible employment actions, which are any actions taken by employers or their agents that impact hiring, firing, promotions, transfers, disability etc. Tangible employment actions are negative changes in your employment status.

--Describe how certain actions led to you being denied a promotion or terminated from your job, etc.

--Are you now being subjected to an offensive work environment marked by intimidation, harassment, bullying, disparate/unequal treatment, etc.? If so, describe these conditions.

--How did you respond to the situation?

--Who did you speak to/report the incident to? List dates, times, and responses.

--What specifically did you tell them? Describe fully—this will help you keep track of what authority figures knew and when they knew it.

--Did you correspond with your superiors or Human Resources in writing? If so, list names, dates of correspondence, and responses. (Note: If you participate in face-to-face meetings, you should always follow-up the meetings with a quick email in order to create an undeniable record of what transpired.)

--Did you address the individual who is the perpetrator of this incident? What was their response? Did you come to a solution?

--Who are your witnesses? List their names, titles, and the dates of incidences they observed.

--Who else has been harassed, etc. by this person? List their names and any information that is available regarding their harassment, including dates or the approximate time frame of the mistreatment and illegal activities.

--Does the perpetrator have any outstanding complaints against him/her? List specifics, if available.

--How would you like to resolve this issue?

--What would you like to happen? (Your dream scenario)

--What is the minimum that you would find as an acceptable solution to resolve the problem? For instance, you may only want an apology from the perpetrator or you may want an apology, restitution of your salary, and the perpetrator to be placed in training that is appropriate for the offense they committed (e.g., diversity training).

You will also be asked to answer/refute any allegations your employer mentioned to the investigator. So, there may be a whole host of questions that can't be predicted because the questions will depend on how your employer handles the situation. If your employer wants to hit you hard and wants to discredit you (typical), you may have numerous allegations to respond to that you've never heard of before.

If you have to respond to written employer allegations that were made to an investigator, be sure to READ EVERYTHING CAREFULLY!! You don't want to let any allegation slip through the cracks without having your response/the truth on record with the investigator.

PLEASE NOTE: If you file an internal complaint, your HR department may ask similar questions to those listed here. However, if there is the desire for a cover-up, you shouldn't expect to be asked many questions. You might be subjected to more and new allegations. So, just be mentally prepared for anything!

Tips for Dealing With Problem Coworkers and Managers

Following my last few posts on unqualified White workers in the workplace (inspired by the nomination of Alaska Governor Sarah Palin for Vice President), here are tips for dealing with problem coworkers or managers of any type:

• DOCUMENT EVERYTHING! There isn’t any incident to small to document, when you know you are dealing with a problem employee and manager. If you have a verbal dispute with someone or if you are subjected to verbal threats, document those events. Documentation could mean anything from (1) writing down everything that was said (with date, time, where it took place, witnesses, etc.); (2) sending an email to the person asking them to confirm or clarify what they said or expressing your rational opposition to what they said to you; (3) reporting the person to a supervisor, manager, executive; or (4) lodging a written complaint with Human Resources. The point is, get every incident in writing;

• Report what’s going on! Don’t suffer in silence. Federal law shows an understanding that employees may be afraid of retaliation, but there is also an expectation that employees complain. If you are afraid of going to your supervisor, you can speak to someone else with authority at your company. That person is legally bound to report what your concerns are, if you feel you are being harassed, etc. Even if you feel you will be ignored or if you are being ignored, don’t stop reporting what is going on because this is the best way to prove what you are being subjected to at work;

• File everything away in chronological order. This will save you a world of trouble, when you need to organize the information and/or present it to an attorney or outside investigator in a way that makes sense and gives the exact manner in which events took place;

• Keep a list of witnesses! Always think about proving your versions of events. Write down the name(s) of anyone who witnessed mistreatment and abuses at work;

• Keep all emails, instructions, memos, etc. from the individual causing you problems at work. This can help show that you followed instructions, that you were being subjected to a hostile environment, and can help you show that someone is lying about their current version of events or suddenly faulty power of recall;

• Read the employee handbook! You can’t fight any workplace battle without knowing your rights. By understanding the policies and procedures, as well as the anti-discrimination, harassment, and retaliation information, you are putting yourself in a position of strength. Use the handbook to expose the coworker or manager as violating company policy and, potentially, Federal statutes. Reading the employee manual could arm you with quotes to use against the coworker, manager or company, as a whole because the manual will dictate how the company has defined they will respond to or address certain issues. If the company isn’t following its own guidelines, you can call them out on it and you can point that out to an attorney or outside investigator;

• Be professional and courteous! Always remember that you are in the workplace and conduct yourself as such. Remember, dirty water seeks its own level, so don’t sink to the level of a racist, an ignoramus or other workplace cretins. You will be much better off if any claims that you are unprofessional, rude, mean, etc. can’t be supported by your own written correspondence or conversations that were overheard by other staff;

• Save offensive voicemail messages! Use a recorder to save the message. Have trusted coworkers listen to the message, so they can confirm what was said. Also, save voicemails containing instructions, so you can prove how you were told to complete an assignment; and

• Always blind copy yourself when you send a sensitive email or memorandum! By doing so, you have a record of the list of recipients, and the date and time the correspondence was disseminated. You will also have proof of the exact content of your email in case someone adds text into your document that you did not include in your original message. I’ve seen this done!

Protection Against Retaliation

If you file an internal complaint at your company alleging that you are the victim of harassment or retaliation, your employer is supposed to inform staff that it will not accept you being subjected to any mistreatment, while your complaint is being investigated.

In addition, any employment decisions that are made, after you file a complaint, should be reviewed by your employer in order to ensure that the decisions are not a disguise for continued punishment. For instance, if you complain about harassment from your supervisor and your supervisor transfers you to an office that is isolated (a long and out-of-the-way commute, etc.), your employer should analyze the transfer and should reverse the supervisor’s decision, if it is determined that you were transferred based on your supervisor’s need for revenge.

The EEOC specifically says:

An employer should make clear that it will not tolerate adverse treatment of employees because they report harassment or provide information related to such complaints. An anti-harassment policy and complaint procedure will not be effective without such an assurance.

Management should undertake whatever measures are necessary to ensure that retaliation does not occur. For example, when management investigates a complaint of harassment, the official who interview s the parties and witnesses should remind these individuals about the prohibition against retaliation. Management also should scrutinize employment decisions affecting the complainant and witnesses during and after the investigation to ensure that such decisions are not based on retaliatory motives.

People Often Reveal More Than They Want To Or Ought To

This is the final post about the importance of reading everything that crosses your desk.

It’s important that you really read everything that comes across your desk, when you are working in a hostile environment. Not only may there be subtle accusations being made about your character, work ethic or job performance, but there may also be information included that can help PROVE your case.

When people are on the attack, they may tip their hand or reveal a bit more than they should have. They are trying so hard to get you in a nasty email or memo that they may slip up and make a confession or even a semi-confession. They may accidentally corroborate something you’ve said about one thing by lying about something else.

For instance, my employer denied engaging in any employment actions against me, when I filed an external complaint. But, when asked to respond in writing they claimed that every employment action they took against me was due to my poor performance and/or negative behavior. Which one was it? Did they or didn’t they take employment actions against me?

Well, in writing, they confessed to taking actions with regard to my employment. Now, they had to answer as to what exact actions they took and they had to justify why they took them. They would have been better off sticking to deniability and saying they had no idea what I was complaining about. They should have stuck to the story of not doing anything to me and forced me to prove that they did.

Instead, my employer acknowledged—in writing—that they did act with regard to my employment. They were so busy trying to blame me for their actions, in order to justify those actions, that they didn’t think about how they were contradicting earlier statements that they didn't do anything to me. It may not seem like a big deal, but credibility is being assessed by investigators. Every little lie exposed to an investigator or lawyer makes an employer look like they would lie about the really big things!

It is important that you become an avid reader at work. You may develop all sorts of defenses to counter your employer’s false claims, just by thoroughly reading the information you have in your possession. So, read the boring stuff (like the personnel manual) and carefully read the explosive stuff (like offensive emails).

Don’t get so caught up in being pissed by an email or memo that you don’t go back and sift through the document word-for-word to see what you can use to your advantage. Prevailing in the workplace often involves using your opponent’s words and actions against them.

Get everything in writing.

And, carefully read everything you receive.

Never allow your frustration with the job prevent you from taking advantage of opportunities to exploit your employer.

Read Between The Lines

This follows yesterday’s post about the importance of reading and documenting everything. Yesterday, I mentioned that some of the documents we should read carefully are emails, memos, instructions on performing work, job descriptions, and the personnel manual.

If you are under attack, those are the documents that are going to be critical in helping to build your case and explain what your issues are at work. That’s why you should get in the habit of dissecting everything someone has sent you in writing.

You don’t want to engage in psychoanalysis of every email or memo, however, you really need to look at the overall message someone is including in a email or memo to you or about you. People can be really sneaky, especially when it comes to composing email and memos. As with any type of writing, there’s much that can be communicated without being expressly written.

You need to develop the habit of really reading emails and memos, not just skimming them. For instance, if someone is writing about a missed deadline, take a good look as to how any information about your work on the project is characterized, if this person has chosen to write about you in the same email. Supervisors, managers, and coworkers come up with lots of sneaky ways to blame other people--particularly those junior to them.

Don’t be complicit in any false perceptions about your job performance, work ethic, punctuality, thoroughness, behaviors, etc.

If you notice something, even not something explicitly stated, address it. But, address it professionally and without calling the person out directly. Just send a clarifying email response that serves the purpose of being helpful, not defensive. When you’re working with The Black Factor, “You’re too defensive” and “You’re unable to take criticism” are words that will flow like water.

Finally, read for the contradictions. Liars always make one move to many and will often massage a story to the point of actually revealing some truth, when they are attempting to conceal it. Liars normally can’t keep all their lies straight. This includes liars with Master’s degrees and Ph.D.s. When they go off the rails, it’s not usually any prettier than when an ordinary pathological liar decides to start fabricating stories.

Always look for opportunities to show how your employer is saying something—in writing—that contradicts what they’ve previously said and/or (even better) contradicts their own written policies, such as the personnel manual.

The art to trapping your employer is to read what they’ve given you and sitting with the documents side-by-side to see where the inconsistencies are. It’s very rare to have direct evidence, such as being called the n-word, so you have to be your first detective and build a circumstantial case that proves your position.

No one will see any merit to your case unless you have gathered documentation that does more than force them to rely on he said/she said with you and an employer. Reading is an important part of getting some resolution at work or in obtaining assistance from an external investigator or lawyer. You have to be able to explain what happened and to prove it/show evidence.

Lawyers want a case to fall into their laps with most of the leg work complete. They don't want to spend time hiring other investigators, etc. You have to make it as easy as possible for someone to see why they should represent you. You can't go to a lawyer making claims you can't prove and then expect they will work for free trying to prove your allegations because you can't provide any documentation or testimonial evidence to support your complaint.

Be a detective and dig out proof of the truth. Much of this will be found in written evidence.

If You Want To Hide Something From a Black Person...

What’s that old expression? “If you want to hide something from a Black person, put it in a book.” (or some say, "write it down")

There’s long been a stereotype that Black people don’t like to read. The thinking is that Black folks prefer to rely on oral communication to document history and to communicate, in general. We supposedly don’t like to write and we don’t like to read.

The harsh reality is that proving racial discrimination, harassment or retaliation at work requires a worker to become a voracious reader, as well as a person who consistently documents everything happening around them.

What are some of the things you should document?

--every race-based incident of discrimination, harassment or retaliation;

--a list of everyone who witnessed your mistreatment or was present for words or actions that demonstrate discrimination, harassment and/or retaliation in the workplace;

--every false allegation of performance deficiencies;

--every false allegation that you have personality deficiencies (e.g., falsely accused of being extremely rude or negative);

--a hostile work environment (e.g., heightened scrutiny and observation, physical or verbal abuse, nasty and offensive emails).


What are some of the documents you should be sure to carefully read?

--emails or memos making false allegations about poor work performance;

--emails making any type of negative claims about your personality;

--instructions for performing work/completing assignments, especially assignments from a difficult/racist coworker or supervisor;

--your job description (you may be accused of failing to do things that aren’t a part of your job or you may be exceeding the requirements of your job by performing work that is at the next level in your career path); and

--your personnel manual (explains your employee rights, contains specifics on discrimination, harassment and retaliation, dictates how your employer should evaluate employees, explains how supervisors should handle workplace disputes, should provide details on internal investigations, etc.).

These are just examples, but they are very important pieces of information to document or to carefully read. When you are in the midst of issues at work, you have to face up to what you are being accused of and you have to immerse yourself in it. You can't ignore what's being written about you because these documents ARE going into your employee file and will likely come back to haunt you before or during your next performance evaluation.

I'll admit that it's hard to read lies about yourself. However, that's what you must do in order to have any chance of prevailing against your employer. You have to know every lie they're telling about you like the back of your hand. And, you have to be able to manipulate that lie into reality--into the truth.

If you seek assistance from an outside investigator or lawyer, how will they be able to tell what is true and what is a lie? They don't work with you. They don't know your character, work ethic, etc. You will have to lead them to the truth and present a compelling version of events that would encourage an investigator to launch a full-scale investigation or a lawyer to accept your case as having merit.

So, you must read every email, memo, etc. And, you must show the lies and half-truths by presenting evidence, testimony, instructions, written policies, org charts, job descriptions, etc. that show you have a basis for your complaint.

Tomorrow, I’ll continue with the importance of really reading documentation you receive because there isn’t a single targeted employee who can afford to go around skimming emails and memos.

The documentation we receive at work may contain lots of places to exploit an employer’s words and actions based on what they’ve written and what they've said in the past.

My Job Was Slowly Killing Me

A friend visited me for my birthday and got a chance to tell me about the hostile work environment being created for many employees in his department by their shared supervisor.

He told me he was glad to get away for a brief vacation because he’d been so stressed out at work. He even said that his office mate, a quiet and mild-mannered woman, was pushed to the point where she screamed at the supervisor before walking out on the job—never to return. The woman had already quit once. But, the company offered her a raise to come back to the job. They promised things would get better. They did. For a few weeks. Then, the hostile work environment was right back. And, that led to the woman telling off her supervisor and walking off the job.

My friend and this woman had been enduring the stress of working for this person together. With her gone, that allowed by my friend to be subjected to more negative behavior from his supervisor.

In fact, things got so bad that my friend said that he’d been getting tension headaches. Like clockwork, the headaches came every day on his way to work. He had knots in his shoulders from being tense all day. And, he was absolutely stressed out because his harasser was making his presence known all day. He barely got any relief from the behavior.

This immediately took me back to my ordeal in the workplace. I remember tension headaches well. I also remember the sleepless nights, hair falling out, and my diagnosis with stage-1 hypertension.

What’s strange about it is that it took me a while to really register how bad I was feeling. When you are being subjected to discrimination, harassment and/or retaliation, you are so caught up in every incident at work, in avoiding your harasser(s), and in surviving each work day without being set up for failure or set up for blame that you don’t really absorb what your body is going through.

I think it was weeks before I realized that I was frequently getting headaches on the way to work. I had problems concentrating. I went from not eating to overeating. There was one thing after another going on and none of it was really registering for me until everything pretty much registered all at once. The onset of hypertension was the biggest shock.

My doctor gave me a week to see if my blood pressure would decrease before starting me on a lifetime regimen of medication to keep my pressure down. I spent that week doing yoga and taking walks outside, when I felt stressed at work. When I went home, I made myself talk to my family about something other than work. I watched movies and forced myself to be distracted.

It worked. My pressure went down, but it was still elevated. That’s when I knew I had to make some really important decisions about whether or not to remain at that job and what to do with my future.

The point of this post is to remind anyone whose going through issues at work to remember their health.

This will sound harsh, but the people violating Federal statutes at work (or dancing on the line of violating the law) won’t miss one night’s sleep if you die from a heart attack. They’ll help collect money to send flowers to your family for your funeral and they will go right on attacking the next person.

In the midst of race-related issues at work, you should make appointments to visit your doctor because elevated blood pressure is no joke. When I realized I was having headaches, I never connected it to hypertension. I just thought it was a simple stress headache. But, it was more. Visit your doctor. And, if you need to really speak to someone about your issues, visit a psychotherapist or psychiatrist to discuss your issues.

I know Black folks like to go to church and not mental health professionals, but sometimes you have to go there if you are having serious issues coping with the realities of your job. It’s not always enough to speak to friends and family about your issues. I will be the first to admit that, for a short time, I needed anti-anxiety medication to sleep and deal with the stress. Things had gotten that bad over the YEARS of issues taking place at my job.

I want everyone going through issues at work to come out of it with their health, if nothing else. Whether or not you file a complaint against your employer or you find a lawyer to assist you is secondary compared to living to see another day.

Look after your physical and mental health, before all else. That’s easy to forget in the midst of racial drama at work.

Circumstantial Evidence

According to the EEOC, the most common method of proving that retaliation was the reason for an adverse action is through circumstantial evidence. A violation is established if there is circumstantial evidence:

1) raising an inference of retaliation - Because you don't have direct evidence you have to show the implications of your evidence by building a thorough case against your employer and its arguments/positions;

2) if your employer fails to produce evidence of a legitimate, non-retaliatory reason for the challenged action (firing, demotions, suspension, transfer to a hard to reach location, being stripped of assignments, harassment, retaliation, etc.) - Are your employer's reasons for its actions against you plausible/believable? You have to focus on exposing their lies and destroying their cover story; or

3) if the reason advanced by the employer is a pretext to hide the retaliatory motive - You can show pretext by demonstrating that your employer treated you differently than similarly situated employees (similar jobs/titles, location/job site, job levels/classification, etc.).

Also consider that an initial inference of retaliation arises where there is proof that the protected activity and the adverse action were related. Typically, the link is demonstrated by evidence that:

-- the adverse action occurred shortly after the protected activity; and

-- the person who undertook the adverse action was aware of the complainant's protected activity (opposing discrimination, participating in an investigation, etc.) before taking the action.

So, if you file a complaint against your employer, internally or externally, alleging discriminatory practices, retaliation, etc. and you suddenly become targeted with adverse actions like increased surveillance and heightened scrutiny, unjustified negative performance evaluations, denial of a promotion, etc., you should link the timing of filing your complaint with the timing of a quick response by your employer that included adverse actions. Point out that those engaged in executing the performance action knew of your complaint/oppostion to discriminatory practices.

Even if your employer waits to execute adverse actions, you can still prove retaliation, etc. through other circumstantial evidence.

Supervisor Harassment - Part 2 (Effective Complaint Procedures)

Yesterday’s post started the discussion about what to do about harassment by a supervisor. Today, we’ll look at what the EEOC has to say about reporting harassment committed by a supervisor. It falls under the category of an employer having an effective complaint procedure.

In a nutshell, the EEOC says that if your supervisor is the harasser, you are entitled to report the harassment to someone other than this supervisor. Otherwise, the complaint process is worthless.

Therefore, if you are being told that you should not have gone over your supervisor’s head with complaints, you shouldn’t buy into that lie. There may be a preference that you don’t go over your supervisor’s head. But, that doesn’t make it a legally defensible request.

It makes no sense to report your supervisor to your supervisor. As I joked with a friend, how’s that investigation going to work? Will they put themselves on suspension or go for a demotion? Maybe a written warning? Of course not! In some cases an employee has no choice, but to circumvent the direct authority of a supervisor. Supervisor harassment is one of those times! This is from the EEOC:

Effective Complaint Procedures

An employer's harassment complaint procedure should be designed to encourage victims to come forward. To that end, it should clearly explain the process and ensure that there are no unreasonable obstacles to complaints. A complaint procedure should not be rigid, since that could defeat the goal of preventing and correcting harassment. When an employee complains to management about alleged harassment, the employer is obligated to investigate the allegation regardless of whether it conforms to a particular format or is made in writing.

The complaint procedure should provide accessible points of contact for the initial complaint. A complaint process is not effective if employees are always required to complain first to their supervisors about alleged harassment, since the supervisor may be a harasser. Moreover, reasonable care in preventing and correcting harassment requires an employer to instruct all supervisors to report complaints of harassment to appropriate officials.

It is advisable for an employer to designate at least one official outside an employee's chain of command to take complaints of harassment. For example, if the employer has an office of human resources, one or more officials in that office could be authorized to take complaints. Allowing an employee to bypass his or her chain of command provides additional assurance that the complaint will be handled in an impartial manner, since an employee who reports harassment by his or her supervisor may feel that officials within the chain of command will more readily believe the supervisor's version of events.

Source: http://www.eeoc.gov/policy/docs/harassment.html#IIIA

Can You Circumvent Your Supervisor, If They Are Harassing You?

When employees complain of harassment, it isn’t uncommon for a supervisor to be named as the person committing potentially illegal behavior. Harassment by a supervisor is an extremely tough situation for any employee to deal with.

A supervisor conducts performance evaluations and makes decisions regarding promotions and salary increases. Supervisors also have the power/control over an employee’s daily work assignments and are able to judge an employee’s success and failure at completing any assigned tasks. Supervisors can impact an employee’s work environment, making it pleasant or hostile and offensive.

When things go wrong with a supervisor, an employee has to think about all of the areas that can negatively change based on a deterioration of the relationship. So, if your supervisor begins harassing you or retaliating against you for making complaints about some problem in the office, you may be torn between reporting the problem and remaining silent and just letting the supervisor feel like they’ve won the battle.

For those employees choosing not to remain silent, the issue becomes…

Well, who do I report my supervisor to? Do I have to report the problem to my supervisor’s supervisor? What if they are extremely close and that person is likely to believe the supervisor’s version of events, instead of mine? How far up the chain of command can I go? Should I just go to Human Resources? Will my supervisor be pissed off at me for reporting a problem outside of the department?

These are very real/legitimate questions and concerns.

I’ve been harassed by a supervisor, who was doing so with the approval of our department’s director. I couldn’t possibly report the harassment to my supervisor because she was the culprit. I couldn’t go to my director because I knew she gave her blessings for my supervisor to target me. So, where did that leave me?

Well, I decided to report the issue to my HR Rep. To make a long story short, my supervisor didn’t like that I went over her head and my employer had a vested interest in supporting her because the order to target me came from higher-up within the company. So, I ended up being accused of jumping the chain-of-command and causing “great concern and upset” throughout the company simply because I filed a complaint.

I wasn’t surprised that my employer was trying to conceal the actions they were taking regarding my employment. My supervisor was a mid-level manager and she was being rewarded and protected for towing the company line. So, they accused me of jumping the chain-of-command. But, they should have planned their lies a bit better. Instead, my employer contradicted that claim by saying I should have gone directly to HR with my concerns, which is what I did. Maybe they meant to say I should have gone straight to my director, but they failed to make that assertion. So, their lie confirmed that I took the right action.

Anyway, I decided to look into it and went to the EEOC web site for more information about this issue. What are the guidelines for reporting harassment from a supervisor? Is it ever okay to jump the chain-of-command?

What I found, will be shared in tomorrow’s post, so check back!

Tangible Employment Actions

It’s time for a reminder about this common employment action:

Tangible Employment Actions

A tangible employment action is "a significant change in employment status." Characteristics of a tangible employment action are:

A tangible employment action is the means by which the supervisor brings the official power of the enterprise to bear on subordinates, as demonstrated by the following:

• it requires an official act of the enterprise;
• it usually is documented in official company records;
• it may be subject to review by higher level supervisors; and
• it often requires the formal approval of the enterprise and use of its internal processes.
• A tangible employment action usually inflicts direct economic harm.
• A tangible employment action, in most instances, can only be caused by a supervisor or other person acting with the authority of the company.

Unfulfilled threats are insufficient.

Examples of tangible employment actions include:

• hiring and firing;
• promotion and failure to promote;
• demotion;
• undesirable reassignment;
• a decision causing a significant change in benefits;
• compensation decisions; and
• work assignment.

Any employment action qualifies as "tangible" if it results in a significant change in employment status. For example, significantly changing an individual's duties in his or her existing job constitutes a tangible employment action regardless of whether the individual retains the same salary and benefits. Similarly, altering an individual's duties in a way that blocks his or her opportunity for promotion or salary increases also constitutes a tangible employment action.

On the other hand, an employment action does not reach the threshold of "tangible" if it results in only an insignificant change in the complainant's employment status. For example, altering an individual's job title does not qualify as a tangible employment action if there is no change in salary, benefits, duties, or prestige, and the only effect is a bruised ego. However, if there is a significant change in the status of the position because the new title is less prestigious and thereby effectively constitutes a demotion, a tangible employment action would be found.

Source: http://www.eeoc.gov/policy/docs/harassment.html#IVC

Filing Complaints With a Federal Agency

This information is from the EEOC (http://www.eeoc.gov/facts/fs-fed.html)

Overview on the process for filing a complaint against a Federal Agency:

Employees or applicants who believe that they have been discriminated against by a federal agency have the right to file a complaint with that agency. The first step is to contact an EEO Counselor at the agency within 45 days of the discriminatory action. The individual may choose to participate in either counseling, or in Alternative Dispute Resolution (ADR)* when the agency offers ADR. Ordinarily, counseling must be completed within 30 days and ADR within 90 days. At the end of counseling, or if ADR is unsuccessful, the individual may then file a complaint with the agency.

If the matter is not resolved in the ADR process within 90 days of the date the individual contacted the agency's EEO office, a Notice of Final Interview must be issued to the individual giving him or her the right to proceed with a formal complaint.

A formal complaint must be filed with the agency that allegedly discriminated against the complainant within 15 days of receipt of the Notice of Final Interview. The complaint must be a signed statement from the complainant or the complainant's attorney, containing the complainant's (or representative's) telephone number and address, and must be sufficiently precise to identify the complainant and the agency, and describe generally the action or practice which forms the basis of the complaint.

A complainant may amend a complaint at any time prior to the conclusion of the investigation to include issues or claims like or related to those raised in the complaint. After requesting a hearing, a complainant may file a motion with the AJ to amend a complaint to include issues or claims like or related to those raised in the complaint.

The agency must acknowledge receipt of the complaint in writing and inform the complainant of the date on which the complaint was filed, of the address of the EEOC office where a request for a hearing should be sent, that the complainant has the right to appeal the agency's final action or dismissal of a complaint, and that the agency must investigate the complaint within 180 days of the filing date. The agency's acknowledgment must also advise the complainant that when a complaint has been amended, the agency must complete the investigation within the earlier of: (1) 180 days after the last amendment to the complaint; or (2) 360 days after the filing of the original complaint. A complainant may request a hearing from an EEOC AJ on the consolidated complaints any time after 180 days from the date of the first filed complaint.

You Can Appeal to EEOC

A dissatisfied complainant may appeal to EEOC an agency's final action within 30 days of receipt and an agency may appeal a decision by an EEOC administrative judge within 40 days of receiving the administrative judge's decision.


*Alternative Dispute Resolution (ADR) - Beginning January 1, 2000 all agencies were required to establish or make available an ADR program. Such program must be available for both the pre-complaint process and the formal complaint process. At the initial counseling session, counselors must advise individuals that, where an agency agrees to offer ADR in a particular case, the individual may choose between participation in the ADR program and EEO counseling. If the matter is not resolved in the ADR process within 90 days of the date the individual contacted the agency's EEO office, a Notice of Final Interview must be issued to the individual giving him or her the right to proceed with a formal complaint.

Source: http://www.eeoc.gov/federal/fedprocess.html

Frustrations of a Black Worker

I spoke to a friend on the phone, last night, who I hadn’t spoken to in about 3 years. He moved away to Denver, Colorado to take a great position in a biology lab. After finding his phone number and reconnecting with him, one of the first things he said is, “I’m moving back home.” I asked if he was homesick. But, that wasn’t the reason he was heading back to the Washington, DC Metro area. He said the reason he was going home was that just couldn’t take the White people he was working with anymore.

I asked him what was up and began to describe the White folks at HIS job. He said (and I’m paraphrasing), “They don’t listen to anything you say, they only hear what they want, they only want you to do what they want, they want you to do it how they would do it, and I am sick and f’ing tired of how they just keep sticking up for each other. They can be dead wrong, know they’re dead wrong, and will still stand in your face pretending you’re the one who doesn’t know what they’re talking about. They will mind somebody else’s business, just to get in there and stick up for somebody and they don’t even know what’s going on. I’m done with these White people out here. It’s time to get back to DC.” He was quiet for a few moments and then he said, “You just don’t know.”

Unfortunately, I’m sure many of us have felt that same frustration at one point or another. And, it always feels like you’re the only one going through something like that. It feels like no one understands what you’re dealing with. It feels like no one is listening to you.

I’ve gone through the same thing. I gave up my job in DC because I just couldn’t take it anymore after filing my complaint with the Office of Human Rights. My health, my sanity, everything was under attack. I had to start over somewhere else. I had to go somewhere where I had a true support system. For me, home was NY. For him it is DC.

It’s not about running away from problems. But, when you are living in another state, away from friends and family, dealing with race-based issues can take an even greater toll because you don’t have your peoples right there to have your back.

My complaint was filed on my last day of employment, so I thought I’d use today’s post to remind people of some of the type’s of incidents to track at work. There are far too many people who can't vindicate their rights because they didn't keep a record of the information that would have been most valuable to an investigator or lawyer. Here's the list:

-- Unequal or Illegal Treatment in the Workplace

-- A Significant Change to Your Job Status

-- A Hostile Work Environment/ Bullying and Threats (threatening stares and behavior, insults and name-calling, eye-rolling, being ignored when speaking to an individual or at meetings, a bully going out of his/her way to encroach upon your personal space, etc.)

-- Having Your Job Threatened

-- Physical Violence (people intentionally banging into you, being shoved, being slapped, etc.)

-- Having Items Thrown at You/ Temper Tantrums/ Yelling and Shouting (in front of staff and privately)

-- Patently Malicious and False Performance Reviews/False Claims of Incompetence and Performance Deficiencies

-- Being Bombarded with Meaningless and Unnecessary Assignments to Prevent You from Doing Your Job/Being Set Up for Failure

-- Repeatedly and Intentionally Being Given Deadlines that You Can’t Meet/Being Set Up for Failure

-- The Malicious Destruction of Your Reputation

-- Personal Attacks/Attacks Based on Stereotypes and Racist Assumptions

-- The Baseless Denial of Company Benefits and Resources/Punishment

-- Being Given Demeaning Assignments/Punishment

-- Racial Epithets and Slang

-- Racially Charged Comments and Questions

-- Slander and Character Assassination/Malicious Gossip

-- Acts of Intentional Humiliation

-- Blatant Lies and Misrepresentation of Facts

-- Being Blamed For Mistakes Caused by Others

-- Your Confidential Information Is Shared with Staff

-- Having Administrative Forms Altered or Forged (timesheets, leave slips, etc.)

-- Being Isolated (forced to only work on “Black Projects,” physical isolation
from other staff, forced to work at a hard to reach location, etc.)

-- No Opportunity to Advance (list the reasons given to deny you a promotion, whether anyone has ever discussed promotions with you, and whether anyone has discussed and identified what you need to do in order to be promoted)

-- Being Denied Training Offered To Other Staff

-- Fabricated “Witness” Statements (a company may have coworkers prepare false statements against you to use as justification for targeting you or making claims of performance deficiencies)