Friday, January 04, 2008

A Reader's Open Letter to the EEOC

A reader sent me a copy of this open letter to the EEOC. I found it to be very powerful. Considering that I am still waiting for the findings of an active investigation against my former employer, I can relate to what is written. What about you? Let us know what you’re feeling. Post a comment!

TO: OPEN LETTER TO THE US EEOC
FROM: A VICTIM OF RACIAL ANIMUS IN THE WORKPLACE
SUBJECT: DEHUMANIZING ASPECTS OF RACIAL DISCRIMINATION

Dear Sirs and Mesdames:

I will try to be brief but please take the time to read this letter because I wish to convey the feelings that so many live with due to racial animus, profiling and discrimination in the working environment. I have not signed my name because I have an open complaint with your office and I don’t wish to create a bias for or against the outcome. Instead, this is just an honest view of the feelings of hopelessness I’ve experienced since being wrongly accused and targeted because of my race.

I have always been an exemplary employee, yet I have been lied on, falsely accused of improprieties, falsely accused of fighting in the workplace, of being rude and physically intimidating, and suddenly characterized by the stereotypes that are so often used in the media, etc. to depict Black women. The accusations made no sense on their face and the manager and the human resource representative only had to look past the nose on their respective faces to realize this. The new manager was aware of my prior protected activity and made comments to that effect. 30 days later my position was inexplicably terminated. The reasons given were “You roll your eyes at everyone, a sudden lack of work, behavior issues, and performance issues that occurred several and many years ago.”

As stated previously, I have always been an exemplary employee; I never received a negative performance evaluation, I was always lauded as being a great communicator with the ability to foster teamwork and maintain a team-oriented environment. Yet, less than one week into the tenure of a new department manager, I received a negative performance evaluation of “Poor,” was informed that I was confused about who I was, labeled as having communication problems, being antagonistic, hostile, offensive, angry, rude, unprofessional and told that I physically harass and intimidate everyone. I was accused by a coworker and judged guilty without investigation or explanation. The fact that two white women confirmed the false accusations sealed my fate. A defamatory memo was placed in my personnel file to prevent me from transferring out of the department and shortly thereafter I was terminated. This manager allowed coworkers to read the defamatory memo that was placed in my personnel file in case they wanted anything added. So much for reprimanding an employee in a confidential manner.

Coworkers accused me of being rude and hating my job because I refused to “look the other way” each time they attempted to ignore the Federal Travel Regulations, specifically those related to hotel and meal per diem rates, and receipts for taxi services. One employee would request a travel advance in excess of $500, utilize her personal and inexpensive time share type package for company-related business, and then argue about having to reimburse the contract for the additional monies she received for hotel expenses. According to her this was free money, everybody did it, and since I was Black I should know all about cheating the government. I explained this to the new manager and was told that if I wanted to stay employed I was to ignore the Federal Travel Regulations and never question anything that an employee submitted regarding reimbursement of travel costs. I was to submit each employee’s expense report for reimbursement without question, I was not to verify or confirm the expenses.

I am angry, frustrated, hurt, offended, humiliated, and confused. I have bouts of shame yet I have done absolutely nothing wrong. Although normally I am very calm, lately I have mood swings and can’t seem to muster the energy to leave the house. I’m sad, anxious and depressed. I know right now I would benefit from speaking with a mental health professional. But due to the loss of employment, I no longer have health insurance. Besides the loss of income that is associated with job loss, health insurance benefits, sick and vacation leave, pension plan and other company benefits are lost. And, the time and years spent earning an exemplary employment record are also lost.

Employment discrimination continues to exist because employers have become wise in how to effectively discriminate without appearing to do so. This can be accomplished via job classification, i.e., inexplicably a large number of minorities are categorized as administrative support. Using stereotypes, character assassination, personality attacks and lies doesn’t require a lot of written documentation, instead these things travel by word of mouth. Accusing someone of being a poor communicator or having communication issues or being unprofessional can be just as detrimental to an employee’s career, serves the same purpose in denying him/her employment opportunities and on its face, is not illegal.

This is exactly what occurred in my case and I would bet in numerous cases across the country. Employers have learned how to discriminate without admitting to doing so because the employer controls the work environment: institutes the policies and procedures, manages the recordkeeping and the personnel files. Although I believe I write clearly, at times when I speak about my ill treatment my emotions are raw, unmanaged and in the forefront. That’s when I worry about my ability to communicate just how much this has impacted my life in such a negative and wrongful manner. And, I am always concerned about other victims of discrimination who may not be articulate or composed enough to convey the harassing work environment that was suddenly or gradually thrust upon them.

In my case, the former employer instituted a lay-off that disproportionately penalized members of a protected class and claimed extenuating circumstances in order to avoid culpability. Performance problems were fabricated in order to show documentation of performance issues, company policies were ignored and although the company had a policy established for progressive discipline and corrective actions, I received severe discipline and the only corrective action came in the form of the company terminating me.

I would like to know why any person in a managerial position feels they have the right to deny me a promotion, advancement opportunities, mentoring, a salary upgrade, etc. merely because I am Black? Yet, the rogue managers in my situation have done exactly that and have bragged about doing so. One manager informed me that she ran the department and did not give a damn about rules, regulations or the EEOC. With this type of authoritative figure what hope does the average employee have? Because I am trying to maintain professionalism in this letter, I will refer to the managers in my case as people, but other, more euphemistic terms certainly come to mind.

This manager conveyed her shock that I was “so articulate,” but in the next breath said “look at me and look at you, who’s going to believe you? She also informed me that I was not a good employee and would be terminated because she did not want to offend the sensibilities of the organization because I was the “typical Black girl . . . you know you uh roll eyes and suck your teeth uh, oh and you smack your lips and chew gum loudly, you know like other Black girls.”Aside from the fact that I am a grown woman, mother and grandmother and therefore not a “girl,” I don’t chew gum, loudly or otherwise. Nor do I smack my lips, roll my eyes or suck my teeth in everyday conversation, so why pray tell would I behave this way in the workplace? Yet these offenses were put in writing and placed in my personnel file.

I once read an excerpt called “Cages,” which seemed to serve as a metaphor for racial discrimination. For me, the confines of the bird cage sum up the confines of a workplace that is fraught with racial hostility. Who or where do you turn when you are treated unfairly because you are a member of a protected group? Because of an employee’s divergent culture, he/she is subjected to ridicule, harassment, retaliation, humiliation, isolation. Management resents you raising the issue and suddenly your significance and plausibility is in question. Coworkers who are aware of your mistreatment close their eyes and their ears, not realizing that what negatively impacts me today, may negatively impact them tomorrow. Far too often managers bring their biases and prejudices to work, the siblings of racial discrimination into the office. Employment discrimination is offensive, it is insulting, it is meant to categorize, to separate, to exclude. Discrimination makes it too easy for others to take symbolisms, words, and/or beliefs and make them conform to the biases of those in positions of power to discriminate. It is designed to make us all uncomfortable with each other.

There are far too many victims of employment discrimination and far, far too many stories that need to be told. In spite of my trials and tribulations, and the tears that never seem to stop falling, I have never and will never ask “Why me?” or “Why did this happen to me?”

The prevailing question for me has always and will always be “Why anyone?”

Selah,

A VICTIM OF RACIAL ANIMUS IN THE WORKPLACE

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Wednesday, November 07, 2007

One New Hire Can Derail or Destroy a Career

I was looking at the EEOC web site and came across a legal decision that caused an extreme sense of déjà vu because the decision contained language that mirrored a racially-based employment action used against a good friend.

According to the EEOC web site, the decision for Thomas, 183 F.3d at 62-65 denied the summary judgment for an employer because a reasonable person could conclude that the Black plaintiff’s layoff was based on racially biased performance evaluations. Specifically, after a new supervisor was hired in a department, the plaintiff, the office’s only African American customer service representative, went from being one of the highest rated employees to one of the lowest rated. The evidence suggested that the new supervisor deliberately undermined the Black plaintiff’s work, rated the plaintiff harsher than Whites, and that the plaintiff’s earlier high ratings were more accurate.

My good friend had been receiving yearly performance evaluations, which rated her as exceptional across categories. She received the highest ratings the company had to offer. TWO DAYS after a new, non-Black director was brought in, my friend was told that “a number of people” had all sorts of complaints about her job performance and behavior. FOUR DAYS after this director was brought in, my good friend was suspended. Mere weeks after that she was hit with a RIF (reduction in force). Yet, the new director was seeking applicants to consider for her position, among others. So, there really was no reduction or restructuring taking place. That excuse for letting her go was simply a pretext to hide the racially-based motive to run her out. Fake performance issues and documentation of these fabricated performance deficiencies served to fulfill the intentional purge of Black workers from this new director’s department.

It just goes to show how the hiring of one person, who is racist, can change the dynamics in an office and the direction of someone’s career. Even more, the hiring of one racist can have a huge impact on a Black worker’s future at their current place of employment. It’s horrible to be targeted for racial motives. It’s even worse to be fired, laid-off or forced to resign because of racism.

It’s a shame that some supervisors and other members of authority get away with targeting Black workers from their very first day of employment. Do you realize how racist you have to be in order to be unable to control your racist impulses during your first days and weeks of employment? If you don't even want to pretend not to be racist, you really do have it bad. Psychotic bad!

Thankfully, some Blacks report these individuals to agencies, such as the EEOC, in order to vindicate their rights and to hold employers responsible for letting racist supervisors and others with authority violate the law.

There is still a lot of fighting to be done in this struggle to end racially-based abuses.

Source: http://www.eeoc.gov/policy/docs/race-color.html#N_141_

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Tuesday, April 24, 2007

The So-Called Perils of Job-Hopping - Part II

Most of our employers have given us hire letters that state that we have “employment-at-will.” This means our employers can terminate us at any time without stating a reason. They can chuck us out into the streets, without thought of where we’ll go from there, how soon we’ll be able to find another job, how we’ll be able to maintain our home and feed our families, etc. So, let’s take a reality check. Here are a few reasons why many people leave their jobs:

· They found a better job;
· They want better pay or health insurance;
· They are relocating to another city or state;
· They want to change their career path or profession;
· They are returning to school;
· They had a child and have decided to become a stay-at-home mom or to stop working for a couple of years to be home with their child;
· They’re trying to escape a hostile and offensive work environment; or
· Death

Regardless of the reason why a person leaves employment, the result is the same. The company finds a way to get the person’s work done! I know we all like to have moments of self-importance when we convince ourselves (read: fantasize) that we’re invaluable and that no one is capable of filling our shoes at work. That’s a load of crap!

In the grand scheme of things, sorry, but you just aren’t that important!

I don’t care who you are, you can be replaced. Your replacement may not be as skilled as you—at first—but, after performing your duties for a while they may equal or even surpass your job performance. And, if your first replacement isn’t up to snuff, the company will terminate the person, transfer the person or execute some other personnel action. But, in the end, another replacement will move into your job—until someone finally gets it right or comes close enough to getting “your job” right that things can stay afloat and work can move forward.

I don’t care who you are or who you think you are! If you were to be run over by a car tomorrow morning, your coworkers would collect money to send a bouquet of flowers to your mother or to send a funeral arrangement for your casket and then they’ll be off pillaging your office for your note board, stapler, comfy swivel chair, pens and highlighters, bookshelf and other office furniture.

And, by noon, the day after your funeral, someone will officially be promoted to your position, your work will be divided up among your coworkers or a temp will be sitting at your desk performing your work. The temp might be working on a temp-to-perm basis, so they could end up with your job for good. No one will be mentioning your name within days or weeks of your death! Believe that! When’s the last time someone in your office mentioned a dead (or even retired) ex-coworker? That’s the perspective you need to keep.

Look out for your own best interests!

We essentially rent out our lives, 8 hours per day (not counting our commute time), to employers that will always find a way to make due with or without us. Always keep that in mind. You are not indispensable. In fact, if you screw up enough, your employer won’t even wait for your resignation. Your employer will fire you!

-- Employment at-will (fired without stated reason/cause)
-- Termination for cause (fired with reason—true or fabricated, lack of work/lay-offs, reorganization, etc.)
-- Constructive termination (having conditions created to force you to resign your position)

Your employer has many ways to get rid of you and will do so as needed! It’s one thing to be loyal to an employer. However, it’s another thing to be stupid. Do not sell away your precious commodity—your talent—to an undeserving employer, when there are other opportunities that you may find truly fulfilling. So, if you have the chance to move into a better job--whatever that means for you and/or your family (money, a better career path, better benefits, etc.)--get to stepping! Let the so-called job-hopping begin!

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Tuesday, April 03, 2007

Are You Afraid To Leave Your Job?

If you’re afraid to look for another job, you should reflect on what the real issues are that are preventing you from moving on. Once you know what the problems are, you can deal with them.

--Do you want/need to go back to school? Look for employers who offer tuition reimbursement and flexible hours. If you feel your education is insufficient and might hamper your efforts to get another job, you should enroll in classes or (at the very least) you should mention on your job interviews that you are actively seeking to improve your education. This is really important if you’re pursuing a degree that relates to the field in which you are seeking a job.

--Do you think you’d be a weak interviewee or that you won’t come across as worth hiring? Make a list of your strengths and weaknesses. Talk to those with intimate knowledge of your work ethic and performance and find out how you can improve. You might be surprised to learn that you have a better reputation than you imagine. Sometimes we take on people’s criticisms about ourselves and are overly critical of our actual job performance. I once worked with someone who confided in me that she couldn’t get another job because she was “stupid,” which was how she was treated, spoken to, and referred to by her coworkers and superiors. Ask around! You might be more skilled than you realize and you may learn that the only stupid people are the ones who treated you so disrespectfully. You may also learn that you ARE ready for that new job and you already have great references lined up!

--Not motivated to search for a job? Think about your work-related goals and come up with a one-year plan to fulfilling those goals. Can you accomplish these things at your current job or will you just be going through the motions? A new job can help you challenge yourself to be the best you can be at the best workplace for you. Focus on how your life can improve with new employment.

--Are you afraid you won’t fit in at a new company? What personality traits make you question your ability to get along with coworkers and supervisors? Take a look at how you can improve the way you communicate, verbally and in writing. Many problems at work are personality-related and not work-related. But, you can only be responsible for yourself. Work on being a person that treats others with respect, focus on and meet deadlines, ask questions when you’re unsure about instructions, try to get things right the first time you do them, and be proactive. You’ll be surprised how well you’ll get along with reasonable and sane coworkers. I can’t vouch for the others.

--Think you’re too old? Yes, some companies may look for employees who are fresh out of college. They want staff they can work to death and who will be worked to death on the cheap. They want people they can underpay, who won’t complain about a low salary. When you’re looking for a job, you should focus on selling your expertise and your extensive knowledge of systems and processes that relate to your job. Don’t forget, you’ve made many contacts over the years. That gives you an advantage over the kids because of your experience AND your ability to network and bring work (read: money) into the company. If you’re not in a so-called “highly skilled position,” a position that doesn’t require a degree or special training and doesn’t allow you client contact or the ability to generate new business, sell the fact that you know how to get things done.

One of the most recent issues in the current workplace is that many people have very poor writing skills and many people don’t know how to type, especially with speed and accuracy. Yes, this includes the newly graduating set of job competitors. If you can type for speed and accuracy and have good or excellent writing skills, make mention of that fact when seeking other employment. Have writing samples available.

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Monday, February 05, 2007

LEGAL BRIEFS: CONSTRUCTIVE TERMINATION

Sometimes we say that we know someone that’s been “run out of their job.”

But, the legal terminology we should use is that the person was a possible victim of “constructive termination.” So, I want to take a quick look at the two types of termination, actual and constructive.

Actual Termination

When you are actually fired by your employer, you are notified in writing or verbally that they don’t want to see your Black a** no more! Yes, let me be real on that.

Constructive Termination

Constructive termination is when an employee resigns because their company or one or more of their representatives, such as a supervisor, director, etc., is intentionally creating a situation where the employee’s work environment is so hostile and intolerable that there is no way the person can stand to show up on the job anymore. And, the employer would have known that the person would have been compelled to resign based on what was going on at work. In those cases, it can be argued that the worker was a victim of constructive termination. In other words, they were forced to resign because it was the only reasonable choice, considering the circumstances.

To give you an example of constructive termination, I’ll describe what happened to a friend of mine, a manager. She was stripped of her staff, she was asked to clean the company’s three kitchens, she was forced to shred paper for days at a time and to break apart meeting folders, she was asked to wear a head scarf to serve clients food, she was given extremely menial tasks, and she was being demoted—at the time she resigned. She is now seeking legal remedy based on constructive termination among other violations of her rights. So, use the proper terminology. If you were run out of your job, say that you were the victim of constructive termination and prove your case!

FYI: Isolated acts of hostility or misconduct wouldn’t justify the accusation against an employer that there was constructive termination, but a continuous pattern of intolerable behavior would certainly support an employee’s claim that they were forced to leave their job.

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