How to Prove Discrimination at Work
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- Опубликовано: 7 июн 2024
- This video is about how you can prove that you've been discriminated against to HR or management.
The Ultimate Guide to Discrimination Law (video) - • Workplace Discriminati...
Branigan's Discrimination Guide - brobertsonlaw.com/practice-ar...
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How to Complain at Work - • How to Complain at Wor...
Pretext in Termination - • The Law Behind Fake Re...
Reverse Discrimination Explained - • Reverse Discrimination...
CA Discrimination Law Explained by a Lawyer - • CA Discrimination Law ...
The Difference between Discrimination, Harassment & Bullying - • Harassment, Discrimina...
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Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers.
Visit his website at: brobertsonlaw.com
All my black folks watching this video right now, hands up! 🙋🏿♂️
🙋 HR DON'T GIVE AF
racist comment.
OMG. I’m actually dealing w micro aggressions, bullying and discrimination at my job rn. The crazy thing is the nasty, toxic behavior started w my black client whom I tried advocating for as she was actively being criminalized so that she could be kicked out of the school/program. Then as soon as I spoke up the targeting and bullying started w me. I’m so sad and confused on how to go about this bc it seems like I don’t even know the ppl that I’ve worked for the past four years now smh.
Hey🙋♀️
🙌🏽😞 just got fired because I was black and have a disability
They don’t fire you ! They put you in closet until you leave on your own !
That one, no credit for all ur HARD WORK
Exactly!
Boom
So true
Absolutely. Management runs meetings in the mindset that you're already gone. Even a simple "how are you" gets a silent treatment of "how are you still here?"
I’m dealing with it right now. The worst part is somehow I feel like I’m in the wrong for speaking out about it.
Me too, and I still don't know if there is anything I can do. I'm gay and am considering a lawsuit against my employer but I have no exact proof of discrimination apart from the fact that I've been given no training, offered no promotions or given any real extra responsibilities. I want to sue or make a complaint at some point but I'm afraid I'm shit out of luck.
Im going through it right now I went to Corporate, its about to be world war 3. I am a black, Christian, Woman, with strong work ethics, I also exposed the quiet racism. On top of it, Im pretty.
@@jaywest3734 Hang in there Jay, I will pray for you.
@@chrissimpson6701 let me judged if your pretty
@@chrissimpson6701 dont entertain faceless ignorance .
I been at my job for 20 years. Numerous times I have seen discrimination towards myself. In 2015 I was caught using my cell phone out on the floor witch I admit it was wrong.I had no choice using my phone since management did not have someone relieve me for my break . So I caught using the phone and the supervisor takes me to the office. I thought I was going to get written up or maybe get suspended but management decided to fire me ! My union rep filed a grievance for wrongful termination and after being away fired for one whole year, the union got me my job back and received back pay.
Nice 😊
Praise God 🙌🏾
This just happened to me last week similar I was on cell phone had emergency call manager walks in says am I on my lunch i say yes cause my mind d
was lost cause news I heard then later on I went to my full lunch many people I work with take longer breaks all the time everybody on their phone on my team and suppose to be working the managers knows it
And suppose to be waiting for meeting from hr I got a call from hr and was ask questions I filed for agrievence they can't call me ask the questions over the phone
Also another manager went against my weingarten rights when I ask for a shop steward I have a employment lawyer to
All of my black brothers and sisters here because of one form of discrimination or another God is with us God is for us we will win amen and amen! In Jesus name😇😇🤑😎🤺
Discrimination is more than race and color…
Your videos are just damn excellent. I hope you never stop putting in the effort you do to educate employees in California of their rights in the workplace.
The worst part is if you are discriminated by verbal communication or body language, then you can't really proof your case.
While you are correct in that it's more difficult to prove verbal discrimination, it would be inaccurate to say that you "can't" prove a verbal discrimination case. You certainly can with witnesses, solid pretext, depositions, etc.
@@braniganrobertsonlaw I didn't mean can't, I meant harder. Sorry, I lost a job after 4 days of employment because of verbal communication and body language. Still feeling upset
@@BM-vs5jg dude this just happened to me and it was because “poor performance” and I’m through a temp agency called express… which makes me a at will employee and it’s like I’m not explaining to the receptionist at the law offices in texas. I was threatened, harassed and I was the only black African American… no direct proof. I was contract first a specific start and end date for my evaluation hire… I don’t know what to do. His pretext is something I can back up
Narcissistic abuse is what it really is
Sadly yes.
I didn't get fired I was drove to resign for my mental and physical safety.
Some bosses just like feeling and engaging in that power trip, knowing your just an employee, straight up, them folks feel out of place when they don’t feel that power.
I've needed these videos more now than ever, I will be contacting your offices ASAP, looking to hostile work environments for seniors and possible racism discrimination.
what if HR is the one doing the discrimination?
Same
You sue them
With the way they double speak and avoid answering questions they're likely liars by default. People like that are easy to manipulate for someone like me. I wouldn't even need a lawer. I'd break them and they'd wonder if they live a lie.
It's actually a good question to ask to a liar. If your logic has been adding up where the other persons hasn't then they'll start thinking.
My hr told me leave the compound
@@Veldazandteawhere I work the favoritism is off the charts
I am very grateful to find this channel. I filed my claim to HR in June and things have been going very slow. I need to give you a call definitelly!
EEoc before HR
I am facing the results of having stood up against racial discrimination at work. I was a contractor in a fortune 100 company. I got laid off as soon as I reported the manager for being discriminative towards me. And then my employer just washed their hands off me. The recruiting agency is a Fortune 500 company and talks about diversity and inclusion. Such a hog wash! It has been 1.5 months now and my recruiter still tells me that he is unable to find any roles that match my profile. I am in tech for gudness sake!!
What race are you ?
@@samnur6957 What difference does their race make? Is there an exception?
Great video with great information. Now I have to go watch all of your videos
I am currently going through an issue where according to the job advert, I was qualified for the job, however, they were not prepared to train/ onboard anyone in my position. I was about 1 month in when I realized that no one was covering the work that I was supposed to be doing after training. It was at that point I also realized that we were grossly understaffed. There has not been permanent leadership in over a year. Over the last 6 months, I have gone through 3 changes in leadership setup. 1 male from another department. 2 females from the same department and the male continuing on, the one of the females staying on and everyone leaving. The latter has been the problem. While the previous person couldn't train me, the current person refuses to train me and instead gave me a written verbal warning. They even went back to give me a warning on things that were understood to be fine during the time I was reporting to the male.
I am not the only POC there, but I am the only black person. I am going to talk to the president this week.
Thank you for this, although I live in Illinois, I had to quit because of the harassment. I for sure have a case. Thank you! ❤
Branigan, if I ever move to California & get discriminated against (again), you'll be the first lawyer I'm calling!
Awesome with great presentation!!!
Dr Branigan your videos are really helpful during this difficult time for me, I'm kinda close to trial for discrimination against disability. Your advice has helped me understand what my lawyer has done and continues to do-- he is great. One question I was hoping to get an answer on, I was fired from an internship but then was dismissed from a graduate program, so it's a bit different that just employment law. Do you think most of the advice still applies from this video and a few others?
Thank you so much for sharing! 👍🏾
Thank you for sharing all this information , God bless you
Do discrimination cases apply if the employer behaves discriminately towards you in an investigation into allegations? ie. fail to provide proper notice of charges, fires you and not the other co-worker for violating a policy, etc?
I just went through the same shit gets me but not others violations of the company but thel l be calling me to tell me what the resolution is going to be soon
There's quiet quitting that's often just a healthy response to a quiet firing prior.
No question the execs have some off-the-record awareness of who to nudge away from the company.
Great video. However, most companies usually start a paper trail against the complaining employee by starting to claim that their productivity, work quality, etc. are not declining, worsening, "insert any negative commentary". Companies do this to establish a defense for firing an employee with legitimate complaints. This is something I've seen in every single company I've been with. What does a person do in this kind of situation?
Always document daily tasks and photos keep logs
I just got laid off for unsatisfactory work. And for that I mean, they claimed my work and data was unsatisfactory (which wasn't true), that I lied to people (not true) and that I didn't trust some employees. The lab technician continues to slander me to upper management, and I have proven that they have harassed me.
I am repeately watching your expert that I admire your work because you are the best explaining about discrimination case how to approach and prove. You are awasome and give me a hope. Unfortunately I am living in Canada but I belive the same idea has all round in the world about Human Rights. Thanks very much. I love you.
Thank you so much for your video,I need this so bad right now.
Very nice video. Thank you sir and your service to the world.
I absolutely enjoyed all your videos.
Love your podcasts great information
I am a veterinary professional who has had several board appearances since retirement age. I came into a situation where I was the new head of a practice. I ran into a lot of resistance. That led to board complaints. I had complaints at the beginning of Covid 19 because everything became curbside. The board could only come up with record keeping as a complaint. But in the administrative hearing ; I was asked by the board head ; a veterinarian, “. What year did I graduate? As well as When do plan to retire permanently? . Is this proper?
Very good and thorough points. Discrimination is a claim thrown around far too often. This will weed out the fakes.
What you mean by this 🫤
@@Ced106 They mean people claim to fire you for other reasons instead of the real reasons. Suddenly someone just so happens to get fired for being late soon after it was found out they were gay. etc.
I got a case so far and if I’m fired I will be reaching out. I’m in Los Angeles ❤️
Exceptional video. Clear, conscience and applicable. Thank you, Sir!
I'm dealing with discrimination and nepotism in the workplace right now. it sucks. its a small company and all the new hires are commissioners family/friends and our office manager is friends with commissioner too. I'm afraid as soon as I file a complaint will be retaliated against. I have one boss (who the problem is) and his boss is the commissioner (who wants his people in and are now in the process of being hired). there is so much shit that goes on, not with just me but people who put applications in for past job openings (who actually have experience in the field) that didn't get the job because they give it to their family and friends. then the bosses soon to be SIL who has only been here 3 yrs has gotten $7,000 in raises and I have the same certifications as him and I've been here 7 years longer than him.
Thank you, it s really helps me 🙏🙏🙏
You have helped me so much thank you!
At my job im payed less then everyone who does the same job as me to include new hires and I’m made to work twice as hard as everyone and if I ask why that is I’m called lazy and a complainer when even my coworkers notice it I really want to do something about it I’m so tired of busting my ass just to be belittled and threatened on a regular basis by my manager.
Just quit if you don't like it there.
@@vicvega24 I did months ago fuck that place I got my cdl and am making great money now 😁
@@jaliel0007 congratulations ❤
That’s me at my job I get all the crappy job while everyone get easy task and be on their phone and taking extra break I got tired of that and quit last week now they be calling phone since last week trying to talk to me I send them straight to voicemail smh…
Sorry you getting treated like that but if that's the case they'd prolly rather have you an many others like you doin all the hard heavy stuff for free pretty much it seems
This is extremely helpful thank you
I been standing up for myself for 13yrs
And have gotten no where it’s draining and tired
A Great change is coming; people are waking up to their rights and these corporations will find out they are servants to the silent majority.
Just keep fighting 💪 💜
Very helpful , very clear. Thanks 🙏 Blessings
I am so glad that you are located in Aliso Viejo
Great information!
Awesome love all your videos
Do not stop. We need you. AND COME TO NY!!!!!!!!
Hello Mr. Robertson, I’m currently an employee (3+ years) and have been forced to leave my position after a new Plant Manager was hired. I was told that the reason for the move was because he wanted to bring another Mechanic in on our shift..I was also told to keep this between me and the Plant Manager, by the Plant Manager, which raised suspicion in me..I’m also making less money than new hires and temporary workers hired for assignments. Is there anything I can do about this?
File a complaint with EEOC
This is a very good and informative video. I very much appreciate it. Have a great day and thank you.
Awesome stuff. I am teaching a class and using your videos. Well done!
I work for a company that sells and distributes packaging. I have been working for this company for 29 years. Many of the people promoted are friends or relatives of someone in Management. Many safety rules and regulated are not followed, but I do not want to call OSHA , because I do not want to lose my job.
Do you do Fed or state court? The title 7 protects you if you file to EEOC and get fired in retaliation within days. Even if the underlying complaint was not illegal and it’s only done in good faith.
Masha Allah
One of my favourite songs. Recalling my lost love.
Your voice is brilliant. Listening to it again n again.
From the state of Florida…… Thank you!
I have a pretty cutt and dry case of religious discrimination then. I have ton of evidence. Thank you.
I wish I had you here in West Virginia. I hired a lawyer. I feel he is good.
Is there an English version of this vid?
◾Very educational..... Thanks!!!
@branigan I don't know what I do without you
Well done 👍
I had a company vehicle they got took an away right when I was going to come back to work. Without any notice supervisor came to the home, I was told by HR that that was Inappropriate. Now I am back at work, other people have gone on disability leave but they continue to get to keep the company vehicle and come back to work. When speaking to HR the company vehicle is supposed to be taking two weeks after the person leave. Is there any Discrimination and unfair treatment or unfollowed policy for other employees.
When you say civil, you useally file in local courts? Is there any benefits filing in federal courts?
Brilliant !! If I am employee in some other country (outside America) and I got facts of discrimination against my supervisor who works from California based office. Can you still help?
Unfortunately, no. You would have to find a lawyer in your country.
Very helpful information
Are there industrial relations consultants available?
Straight and simple 👍😊
I have a couple of questions is the company required to hand over communication documents
How would I know if the employer "papered up" my employee file? I've asked for records, and they have not provided them to me.
Awesome video... I need to see what is protected characteristic
Age is one of them.
Best video I’ve seen
i am one of the most influential people in Somalia i amine of the humanitarian workers and i still feel the challenges from the staff who are more discriminating with me than the rest of society
So, since I watched a video of you talking about discrimination in the workplace, I kindly ask you to advise me.
Thank you.
What happens when you’ve contacted every lawyer in the google search list and they all tell you the same thing “we can’t take your case because our case load is to full” and I have right to sue letter from the eeoc but only hard thing about my race discrimination case against target is that I can’t find a contingency lawyer or lawyer to fight for me this is a cold world. Your videos help me throughout my whole case
You can sue as an individual
There’s a website where you can state your case. I cant remember what it was. Id say dig around
I'd write to the company saying that you have gone to the EEOC because you have not seen relief regarding your complaint and then say you are going to the media. Contact your local news station and write to them about your race discrimination case against Target. They'd love to tell your story because it's a race case vs. a large employer.
Because to them your the problem the enemy a Terrorist savage criminal believe in yourself all you want the system they work for is targeting you not trynna help they all in on it
You seem to be getting some guidance. Maybe I can help you as well. What exactly happened? This will help us understand the root of the problem. And by that I mean other than the systemic racism in this country. Help is to understand
I'm suppose to waiting for a suspension pending investigation meeting so I get a call on my phone from hr and was asking me questions and he has my statement in front of him and says a manager from my dept will be calling me with the results if I'm going be kept their or let go
What are the protective characteristics????
when filing with EEOC is it a federal case? can a lawyer represent someone in a different case because its federal?
I have videos of me being discriminated against how do I get it in the discovery process do I have to wait for the production of documents
Do you cover uniform and cultural discrimination ???
Love this guy.
How do you do this towards a school district?
I came to USA with CGFNS Visa Screen certificate, acquired US citizenship years back, license to practice in 3 States including California. On entry to work, all requirements were met. In 2017, everyone got promoted except me because I am required to submit university transcript to CGFNS as credentialing school to make sure I am legal in USA according to HR. My certificate met federal standard base from CGFNS. Then HR admits the credentialing school given to me during my entry ( in 2009) was their fault and need to update. Worked for more than 11 years in this company. I find this unfair.
Is it worth complaining to HR if the behavior of the coworker is disrupting workflow and productivity? The supervisor tried to resolve the issue but could not.
Mr. Robertson, your video is quite helpful!!!.
In my Wrongful termination and retaliation case (2014-2018) a second cause of action was related to wage discrimination based on gender/race was not brought up due to "motion in limine" . Even though my salary is significantly low compared to others in my department (same rank/experience) do I need to file another lawsuit. I have a "right to sue" letter from DFEH. I have collected information on salary differences. What else do I need? please respond
I'm going through this right now, how was your cases handled? Did you get back pay?
@@unityaboriginelove6595-my case was not handled well. Many attorneys I spoke to said "you should sue your lawyer for malpractice ". My case is not settled yet as I don't have a lawyer right now.
@@sachsunil - I'm so sorry to hear about your case. I hope that you will keep fighting to get justice because if not these companies will continue to lowball us and pay us pennies on the dollar doing the same work as our non-black coworkers. My fight is just beginning and I'm bracing myself. I will keep you updated and please do the same.
@@unityaboriginelove6595 Keep on with your case- I am a tenured social work Professor and the university has suspended me_. I need a lawyer who is person of color and can explain the damages - Economic damages-past; economic damages-future; pain and suffering-past ; pain and suffering-future- and how much the university owes to me in these 4 areas of damages -
I have been told that in the state of California-government employers- state and federal cannot be sued for Punitive Damages
I need a lawyer who is a person of color so that they understand what a hostile environment I have faced
I'm nervous because I wish i saw this video earlier. I could lose my job this week. It wasn't written but I do have proof that I spoke with someone (customer service agent) about the potential discrimination I've been under(does that count). I feel terrible for speaking out even tho I'm the victim because enough my clean record of never being fired is at risk
I'm going through same crap which is total bullshit fire the good worker and keeps the bad worker favoritism double standards discrimination
What is it called when you are protected class. You start making complaints to your supervisor and HR because your approved accommodation hasn't been implemented (been several months) but then get terminated for an unrelated incident where an investigation was done but you were never interviewed but just fired? It looks like the company could fire them for performance because of the accommodation not being in place so finds something else to get rid of them. How can an employment attorney help when a company finds a way around the protected status?
It's called pretext when an employer says you're being fired for something fake (like bogus performance reasons) but is really firing you for a discriminatory one. I made a video about pretextual terminations.
Very Helpful. Thank you.
thank you
Who do you report to about discrimination when you work in a company as a contigent worker only and not a direct employee on that company? Do i need to report it to my supplier (US tech soultions ) or the company where i work (Intel)
Report it to both. :)
What can a veteran do about medical discrimination?
I’m having the same issue and I work in HR.
I have a wrongful termination discrimination case pending currently, I have multiple witness statements , pictures etc, this happen in feb. I have a lawyer but how do i know for certain she is doing a good job?
That is a great question. For clients, it is very hard to know if your lawyer is doing a good job or a bad job. As a rule of thumb, if your lawyer is communicating with you, taking the time to answer your questions (don't pester them though), and keeping you informed as to where the case is at and where it is going, then you probably have a good lawyer. However, if your lawyer is extremely slow to respond to you, doesn't have a system in place to move your case forward, or ignores your comments or concerns, then you might want to become more proactive.
@@braniganrobertsonlaw Thank you so much, I usually only reach out maybe once a month with the understanding my lawyer has a heavy workload. As you know most people don't expect to ever have to enlist the services of a lawyer so it gets tricky to gauge like you said what is a good or bad job. Your videos have been the most informative so I look to them to gain more insight, thank you for your time!
Do you handle az cases ? I have one
i was at the food truck on lunch at my job and the guy didn’t want to serve me .. he served everyone but me . i let HR know that i was discriminated against and she told me “it’s all in my head” months later the food truck guy called the few black people we have a nigga in front of management and they finally got rid of the truck only because a manger was there. but after that it’s been ongoing discrimination and in trying to build a case
I still have the job but they are not giving me hours . They hire a new superintendent and he brought all his buddies and sit me down . Hes been talkinb beind my back and lots of employees has informed me . I informed another superintendent and he didng wanted to do nothing about . What can be my next step?
And what about when that discrimination is done by HR?
But what if you are HR and experience the veteran discrimination? Amazon does not allow you to look at your own personnel record.
Because to that system they label you A throw away government property you get find if you get a tattoo without permission they label it destruction of Government property to them You're expendable property All blacks deserve reparations for Government discrimination
After i file a rebuttal letter to my former employer with all the evidence a undenial proff of there dicrimination agains me for age and ethniciti there been silence....since jun 2023..i call lawyers but went i say the name of emplyer they refuse without seen the evidence.....its a big company,but i got no option ,but to do it myself.....i need to know what i do after i ask and get my right to sue letter.....the case is also at PHRC and EEOC with docket number and all ....😢
how do you find a job with bipolar disorder, PTSD, Depression, anxiety, the list goes on, I dont qualify for disabilty becuse I have to much work points. But ive been unemployed since 2022 ive applyed for over 6k jobs online an in person everytime i fill out paperwork it asks do you have a disabilty ive said yes but the jobs ive said no i get an interview when they ask about medications ext considering drug testing i have to say xyz so i dont get the job. Im living on one meal a day just to feed my kids 3 meals the 3 days a week i have them but my savings are gone im barrowing money just to keep my house what does someone with mental illness do?
I been trying to find a office here in Reno NV but can't find one
It’s hard in Vegas to find one too. Wrote EEOC. I am about to do the same.
Your advice is phenomenal. What if the perpetrator is the CEO though?
Great question. I generally tell people to go to the Board of Directors. If CEO is in control of the Board, send your complaint directly to the CEO. I know that sounds awful, but there is not always a perfect solution. But it is very important to complain in writing.
Branigan Robertson thank you!
yep check out my new post. In my case the CEO refused to listen to my complaint. I had no choice but to go to the IRS and the EEOC both.
Jgmatp, i hope u have a good eeoc investigator, not to happy with mine !
I'm the only black or person of color at my company besides a key player that doesn't work infield. It's gotten so out of hand that even when business partners come to our office. I'm without shame referred to as... Oh, that's nobody but "The Help," in the back (and I have the same title as them) or and without shame make racist comments- Black dog, pet, little helper, the companies pet. I've listened to you're videos in the attempt to know how to handle this. I spoken with the head person in charge and there's been no change. I'm amazed that racism still exist on this level. And I'm praying for anyone on here who's dealing this as I can attest this is very painful but I'm praying for change in the hearts of people.
Where do you live and what field? I’m so sorry to hear about this.
Hi, I report my supervisor for telling me if I wanted a full time position, to get down on my knees and beg. He also mocked and made fun of my faith. HR did nothing about him, but instead kicked me out of my department and took away my badge access, and moved me elsewhere. Their reason being “I said I couldn’t work with him”, which isn’t true and I even voiced to them that I can. Moving didn’t change anything, because he’s still my supervisor. How can I go about getting my position back in my department?
They moved me to labor and delivery, despite me telling them I was uncomfortable working there, due to not being able to have kids. I cry at work, and when I go home. My dr prescribed me medication to help me cope with working there, but I shouldn’t have to take it, nor should I have to quit..
Yeah good shit man!!! Come to Georgia!!!
I need this a long time ago these things still happen to me....
It happened to me recently. After 4 days of employment, I got let go because of discrimination
where can i file i grievance against the firm that was representing me? i am i San francisco ca
where can i file i grievance against the firm that was representing me? i am i San francisco ca?
atolliver91 sorry to hear you got let go, but this lawyers used a lot fancy words, but that’s all there is, I contacted this firm knowing I had a strong case and was turned down right away.. I got fired due to my mental illness, discrimination, and mostly punitive damages. I didn’t received any advice or help from this Brenagan firm.. good luck to you
What is the proper way to file a complaint if favoritism is involved when others are promoted. My supervisor never liked me when I had nothing to her. Also, does discrimination only apply to termination?
Right here in my hand
I wrote a complaint to HR and via e mail
And none thing took place
Ignoring a complaint may be an EEO issue.
@@ntxhaispaaj something happened.You secretly have become a target.Log everything from now on.Dates,times and any witnesses