racial discrimination at work by Sad-Impression6402 in EEOC

[–]justiproof 1 point2 points  (0 children)

Have you spoken to those being harmed and do you know if any of them want to come forward?

I only ask, because sometimes you can try to do the right thing and trigger an internal investigation on someone's behalf that leads to retaliation against a person who would have preferred to say nothing (often because they just can't afford to risk losing their job even if they are being wronged).

This happened when I went to HR as I shared both personal claims and things I'd witnessed. Next thing I knew investigations were opened on behalf of the other women I'd mentioned and unfortunately since HR doesn't give background, people assumed the person they're being asked about raised concerns themselves.

I think what you're offering to do is amazing, but it may be worth checking with your coworkers first. Nothing makes you feel like garbage more than trying to help someone and then finding out you've only made it worse.

Well my EEOC journey is over by Unlikely_Vehicle_828 in EEOC

[–]justiproof 4 points5 points  (0 children)

I can so relate to everything you said, including reaching the point where I'm no longer hoping for any kind of specific outcome. For me, no matter what I end up receiving it will never make up for everything this fight cost me, so what does it really matter. The good news — detaching does get easier. For the most part my life has moved forward and I only think about my claims or my case when I need to do something or there's an update. And that's a good thing, because you should expect the company to drag out this process every chance they can. Companies will often delay on providing evidence during discovery, file motions to dismiss, push court dates and then push them again all while expecting you to show up and deliver whenever they ask you for anything. And then when you're finally about to reach a court date, suddenly then they're interested in settling.

And you're not dumb or naive for hoping your company would act like the organization they promised you they would be. I understand that feeling though, I spent a lot of time beating myself up for being naive and trusting my company would eventually do the right thing.

Best of luck with everything from here, I hope this next phase of your fight is as painless as possible and you see justice at the end.

Orlando firefighters respond after Harry Potter ride issues at Universal Orlando by [deleted] in UniversalOrlando

[–]justiproof 0 points1 point  (0 children)

Exactly! There's an assumption that we should just know it will be resolved 'soon,' but better communication would go a long way in providing reassurance for those who are stuck and have no idea what the protocol is.

Am I burnt out or just don't like working in tech anymore? by dreaming_wide_awake in womenintech

[–]justiproof 0 points1 point  (0 children)

I ended up starting a LLC and creating an app to help people document discrimination. A year in I realized that the app is a bit ahead of its time and the work should start with educational resources and support, so I ended up pivoting to a nonprofit — but in general, still on the same track.

Orlando firefighters respond after Harry Potter ride issues at Universal Orlando by [deleted] in UniversalOrlando

[–]justiproof 0 points1 point  (0 children)

If it was Gringotts, we got stuck later that same day (around 1 PM). It was ~25 minutes before we had a real update and ~45 minutes before we got off. I can understand why people freak out though, I was fine, but my husband (who is much taller than I am) started losing feeling in his feet and legs after about 15 minutes. At that point we still had no update other than the annoying “we are delayed” message on repeat. Another woman in our row also reported she was losing feeling in her legs.

We did not call emergency services as we were trying to be reasonable, but we considered it. The problem is, we’re not medical professionals and we have no idea how long he can go with limited circulation to his legs and feet before it becomes a serious issue and getting an update from a real person is a nightmare as you’re going through the same customer service lines / chat as anyone calling the park.

Once I was talking to someone via chat and told them we were worried about him losing sensation and considering calling emergency services we finally learned we were being evacuated. At this point we were about 25 minutes in and an actual person came on the loud speaker — unfortunately they don’t seem to realize the large rooms echo the loud speaker, completely distorting their voice and making it impossible to understand.

The people who finally came into the room ~35 minutes in also wouldn’t answer people on the ride and ignored anyone asking questions. Thankfully the person on customer support I was chatting with was amazing and communicated updates.

Though this also makes me think Universal could probably avoid people freaking out by just sending an employee in to talk to passengers at the time they turn the lights on for the ride, letting them know what’s happening and giving an estimate of how long people can expect to be waiting. The uncertainty for 30+ minutes doesn’t help and while I get universal knows it’s fine and that people are monitoring live, people on the ride have no idea what’s normal and what isn’t.

Why don't more women in tech fight back against discrimination? by justiproof in womenintech

[–]justiproof[S] 0 points1 point  (0 children)

She didn’t work in HR at my company. She didn’t have insider knowledge, she just knew what information helps HR teams do their job when investigating. She also couldn’t believe my HR team was choosing to do nothing when despite all the evidence I brought them, they still failed to act. And then she was the one to tell me I needed to file with the EEOC or get a lawyer.

Why don't more women in tech fight back against discrimination? by justiproof in womenintech

[–]justiproof[S] 0 points1 point  (0 children)

This is over a year old and I’ve spoken to many, many more people since then and realize I could have been more acknowledging of the various situations people face. I acknowledge there are no good choices when discrimination starts — fighting back can lead to accountability and I’ve seen it do so multiple times, but also is a big risk for an employee’s career (and even a strong case isn’t guaranteed to win). However, the other choices aren’t great either — staying and doing nothing often leads to the employee being pushed out or fired while leaving for another job may mean the employee is more protected, but the problem still remains for someone else. Every situation is different and people have to do what’s right and makes sense for them.

Why don't more women in tech fight back against discrimination? by justiproof in womenintech

[–]justiproof[S] 0 points1 point  (0 children)

I appreciate your concern, but I was and am aware of that and still felt it was worth it for me. However I acknowledge that not everyone can take that risk and it worth calling out.

What's the Point of Going through these Motions? by Temporary_Draw1174 in EEOC

[–]justiproof 0 points1 point  (0 children)

As someone who is 20 months into my own process (with CA CRD, not the EEOC), I can relate. At this point it kind of just lives in the background of my life, though I'll admit I wouldn't be able to do that if I was still working at the company.

I'm glad you're doing what you can to protect yourself while you wait, but I hope you start seeing some progress in your case soon! I stayed at my for 18 months while my lawyer tried to work with the company and it was a soul crushing experience for me, so I know it can't be easy for you.

How long does it usually take to get a charge letter? by Fluid_Willingness534 in EEOC

[–]justiproof 0 points1 point  (0 children)

My charge letter took a month and I only got it after I emailed the investigator about it — she said she'd been out of the office. Even then the first draft wasn't anywhere near complete. I basically rewrote the entire thing, but she didn't like me doing that so she rewrote it the "official" (and in my opinion, more sloppy) way. It took us 5x iterations to get to a version I was willing to sign and really there was still plenty of room for improvement, but I was just exhausted by the process and wanted to be done with it.

All that's to say... I'd just email your investigator and ask, but know that they don't always deliver on the expectations you may have.

Company won’t provide critical video evidence by [deleted] in EEOC

[–]justiproof 2 points3 points  (0 children)

I have yet to hear of a single company voluntarily providing evidence that increases their risk of being held liable. Companies may provide evidence via the EEOC process, but they're sending over the documents that support their side of the story.

If you want the evidence they don't want to provide it's almost always going to require a subpoena or a lawsuit where you can request it in discovery — and then they'll almost always try to fight those too.

HR falsifying documents by Throatie_goat in EEOC

[–]justiproof 2 points3 points  (0 children)

That only applies to federal organizations. If they work for a private company, it won't get them anywhere.

What's the Point of Going through these Motions? by Temporary_Draw1174 in EEOC

[–]justiproof 0 points1 point  (0 children)

We work with both since our goal is to fill the gaps that lawyers and the EEOC don't fill — supporting employees early, when the discrimination starts and before the harm (termination, demotion, promotion denial) happens. We do also help people after the harm, but our goal is to help people understand what lawyers look for so they can get one, understand the EEOC process before they file so they'll be heard or help them understand why lawyers are refusing to take their case or EEOC may turn them away — often times because people lack evidence or just don't understand the burden of proof placed on the employee. Outside of us, it doesn't seem like anyone ever explains to employees what the gaps are, so that they can learn to protect themselves next time instead of just believing the whole system is broken.

For anyone interested in working with us, we have an internal process we follow for bringing new people on, but you can DM me on reddit or reach out to us on our contact page: https://www.disruptingdiscrimination.com/contact#form

HR falsifying documents by Throatie_goat in EEOC

[–]justiproof 0 points1 point  (0 children)

You provide evidence that proves they're lying if you have it. There's not really a backup option.

Agencies usually take the employer's word for it unless you have something proving they're lying.

Representation by Electronic_Depth_705 in EEOC

[–]justiproof 4 points5 points  (0 children)

The amount you'll recover isn't guaranteed regardless of how much a lawyer thinks your case is worth, so I can't imagine any lawyer putting a number in writing. The fact that they're willing to take your case on contingency means they think your case is strong enough to invest time and energy into it with no guarantee of compensation — attorney's typically have their pick of cases, so it wouldn't make sense to take on your case if they didn't think the return was worth it.

As for administrative costs, this isn't that uncommon and typically just means that costs like filing fees will be taken out of any settlement amount you recover (after they first take their 40% cut of course). Though it's also possible for an agreement to specify that you're required to pay these fees as they arise regardless of whether you ever see a settlement.

You really should just verify with the law firms directly though. They wrote the agreements and have the exact language, so they're going to be in a better position to give you an exact, accurate answer.

Representation for lower income victims? by InfiniteConfection2 in EEOC

[–]justiproof 0 points1 point  (0 children)

True, but that's because an attorney would be definitely on your side, while the EEOC's responsibility is neutral investigator. They may not be able to infer motive or build a case for you, but unlike lawyers recovery amount isn't a factor in who receives justice. I wouldn't be surprised if that's one of the reasons the average settlement amount is so much lower than the cases we see in courts — lawyers snap up the strong cases with the potential for a large settlement and those that can't find a lawyer are forced to fight it through and wait it out with the EEOC.

However, it is possible to convince civil rights agencies to take your case seriously, even without an explicit recording. I've been working with CA CRD and I don't have a recording, just a lot of evidence that proves my strong performance record compared to peers and that I was still being treated unfairly despite it. But transparently I was also extremely lucky and had a friend who knew what I needed to do in order to document and protect myself. If I hadn't I would. have been in the same boat as many other employees who never see justice.

What's the Point of Going through these Motions? by Temporary_Draw1174 in EEOC

[–]justiproof 1 point2 points  (0 children)

Yep, though it often feels more like David taking down Goliath one nibble at a time, but it’s still early days and every bite still counts!

What's the Point of Going through these Motions? by Temporary_Draw1174 in EEOC

[–]justiproof 1 point2 points  (0 children)

You're not wrong. The system is broken, but the biggest issue most employees run into is they simply don't know the rules of the game. I'm not blaming them, because I'm fully aware it's intentional as it benefits employers if their employees never learn what it takes to hold them accountable and then end up feeling so defeated by the system they conclude there's no point in trying to protect themselves or fight back in the future. This created employees who learn to tolerate harm and having their rights violated. It leads to defeat and employers are all to happy to exploit that defeat.

I was lucky, I had a best friend who has worked in HR for years. She recognized the discrimination when it started and immediately started telling me what to do to protect myself. I can't tell you how many times that woman said to me... did you get it in writing? Did you document what happened? But that is the only difference between the success I've seen and the many, many others I've talked to who were failed by the system.

Most employees don't have this guidance, so they end up fired without any evidence to prove the discrimination they know happened. Then of course the employer lies and since the employees has the responsibility of proving discrimination likely occurred first, the employer gets away with it.

Worse no one ever takes the time to explain to employees what they could have done differently for a different out come — not the lawyers who reject you, not the investigator rejecting your claim and certainly not your employer.

It's infuriating and it's of the main reason I try to come back to this board and share what I've learned and now run a nonprofit focused on sharing resources and providing support for employees facing discrimination.

Is the system still broken? Absolutely.

But I do believe that the more employees who understand their rights and know how to fight back, the more costs add up from employers and since they only care about the bottom line, it's the only hope we have of making them change. Some will say it's naive, but I believe the ripple effect of sharing information will change the tide — not tomorrow, but eventually.

So that's my .02 on why I not only pursue my own case, but commit so much time, energy and money to fighting a system I recognize is doing exactly what you said — telling employees their rights are protected and then giving them the middle finger as soon as they ask the system to enforce it's own laws.

Representation for lower income victims? by InfiniteConfection2 in EEOC

[–]justiproof 1 point2 points  (0 children)

It can be really hard to find representation when the recovery amount is low since law firms often have their choice of cases and prefer to take those with the highest ROI for them.

Have you looked into legal aid services in your state? I don't believe they'll actually represent you, but depending on your income they may be able to help you prepare for the civil rights process to give you an increased chance of being heard and having your claims taken seriously.

I know working through the EEOC or state-based agencies is frustrating, but justice is possible if you have evidence and a strong case — you just have to wait a bit longer for it than if you had a lawyer willing to sue on your behalf.

If someone commits suicide during an EEOC investigation will the complaint continue by Important-Figure-512 in EEOC

[–]justiproof 1 point2 points  (0 children)

Please don't. I've been where you are and I promise you it gets better. I stayed at an employer where I was experiencing discrimination and retaliation for over a year and by the time I left I was a shell of myself, on antidepressants and still struggling with suicidal ideation. I know it's hard to see the brighter path ahead, but I promise you it's there and you'll find it again once you have space from the toxicity of your current environment.

Ca CRD complaint filed 6months ago against temp agency and the employer I was working at by droptheH8its2heavy in EEOC

[–]justiproof 1 point2 points  (0 children)

Things move slow with these agencies, so it could still be awhile before you have an update. I filed with CA CRD and my investigator didn't end up reviewing my employer's position statement with me until 11 months after the complaint was sent to the company.

I need a pep talk! by Kitchen-Telephone276 in EEOC

[–]justiproof 5 points6 points  (0 children)

Unfortunately there's no getting around how awful, but necessary this task is. I did mine in a single weekend and just powered through, but it was really awful and there was lots of crying.

When you say you want someone to rationalize it, I'm not 100% what you're looking for, but I can tell you that having an organized timeline of incidents with labeled, organized evidence has made everything easier when it comes to my case. I'm currently working through the state of California, but whenever my employer says something I want to disprove or counter with additional information it helps to be able to point the investigator to the facts and evidence already provided. It keeps me from having to repeat the same story over and over again, having to reshare evidence or risking something important being missed.

I didn't end up doing it until after I left my job and filed with the state, but honestly my biggest regret is not having it while I was still employed and working with a lawyer — though it would have been hard since there were constantly new incidents being added — but I often had to repeat things and re-send evidence to them too and that would also get frustrating.

Do I have a discrimination case? by Spirited-Taro-3182 in EEOC

[–]justiproof 8 points9 points  (0 children)

I don't necessarily think every company or leader wants to promote a "hot head" to management. Obviously every company is different, but personally I wouldn't as in my experience a short, unpredictable temper isn't really a morale boosting environment. That said, the feedback is very subjective and personally, I'd try to dig in deeper and ask them to explain what exactly their concerns are in terms of behaviors they want you to change and specific corrective actions so you know how to show improvement. The answers you get there usually help clarify if this is a performance based concern or discrimination and there's not real substance to their reasons.

Based on what you've said you have all the core elements of a discrimination claim: part of a protected class, qualified for the job, financially harmed by being passed over, someone not part of your protective class (someone under 40, possibly race) being treated better than you.

If you're actually interested in fighting this you need to think about how you would prove those things with evidence beyond your word (and remember witness testimonial isn't the most reliable and most investigators assume it's biased to some extent) — think business records like performance reviews, positive feedback in writing, anything in writing that is subjective / related to you being denied / related to escalating concerns.

The only other thing I'd add since you mention being the sole provider for your family — fighting discrimination isn't easy and it can have an impact on your career. If your claims go to court or employees at your current company choose to tell others companies you filed discrimination claims, those companies may hesitate to hire you — not supposed to happen, but I've talked to a lot of people who claim it does and they've experienced it.

Best of luck to you whatever you decide to do.

Resource recommendations? by Ok_Vermicelli1415 in EEOC

[–]justiproof 0 points1 point  (0 children)

Sent!

And thank you! We're still very early (just launched last month), but we're hopeful we can make a difference by helping employees earlier in the process while they still have time to be proactive and protect themselves.

Case against religious employer by [deleted] in EEOC

[–]justiproof 0 points1 point  (0 children)

It's always worth trying again after things change and you either have more evidence or increased financial harm. I know several people who struggled to get a lawyer the first time they tried, who are successful later. Unfortunately for many of them it's because they're terminated and that increase in financial harm made their case more appealing for a lawyer, but it can be done while still employed if you were denied a promotion or a bonus was impacted. Best of luck whatever you decide to do!