You’ve been passed over for a promotion again. Or, perhaps the new sales associate was given that plum territory that you, because of your seniority, thought you’d be assigned to. You grumble about how your boss hates you to a friend who says, “Hey, you might be a victim of unfair treatment, but you can do something about it.” U.S. employees have legal rights to fair treatment in the workplace, overseen by the Equal Employment Opportunity Commission (EEOC). If you think that your unfair treatment may be crossing into discrimination due to a certain characteristic you have, you could have legal grounds to pursue a complaint.
What is Unfair Treatment in the Workplace?
Every employee deserves to be evaluated on their accomplishments and abilities. Suppose you note that you’re being denied opportunities that someone else with your qualifications or seniority may be granted. In that case, you can take a few steps to address the situation.
The EEOC protects workers from discrimination and notes several “protected classes” of workers. It’s illegal for employers to make decisions about hiring, firing, promotions, or career opportunities based on someone’s:
- Race or color
- Ethnicity or national origin
- Gender
- Pregnancy
- Age
- Disability
- Sexual orientation
- Religion
Our friends at Cohen & Cohen offer some tips for handling unfair treatment at work:
Step One: Document EVERYTHING
Jot down each instance of unfair treatment or discrimination in your workplace, including the dates, times, and locations. Try to write down as much of the conversations verbatim as possible. Save copies of any emails or text exchanges related to the discrimination. Don’t forget to note the names of anyone nearby when the mistreatment happened, as they may be valuable witnesses in your case.
Step Two: File a Complaint with Your Company’s HR Department
Your Human Resources manager may not be aware of preferential or unfair treatment, so the first step in addressing being unfairly treated or discriminated against is to tell someone who can do something to stop it.
An HR manager can investigate your complaint and talk to witnesses who may have noticed you were unfairly treated. They can also discipline any offenders or take other action.
Step Three: Call an Employment Lawyer
Before escalating your unfair treatment claim to the EEOC, it’s usually best to talk to an employment lawyer. They can evaluate your case and help you through the next steps, like filing a complaint. An attorney can also draft the complaint and ensure you have sufficient documentation and evidence to back it up.
Step Four: Contact Your State’s Employment Commission
If you don’t get a resolution at the company level and the unfair treatment persists, then you can contact your state’s Fair Employment Practices Agency (FEPA). This is the state equivalent of the federal EEOC, and it has vast resources to investigate workplace discrimination complaints.
Step Five: Contact the EEOC
You can usually file your complaint with the state agency at the same time you file a complaint with the EEOC. Your attorney can help you fill out the complaint, file it, and argue your case before the Commission. If your claim is denied, you have an option to appeal, which a lawyer may also handle for you.
Examples of Unfair Treatment at Work
Not every disagreement or personality clash at work is illegal. But some types of unfair treatment can be warning signs of discrimination, harassment, or retaliation. Common examples include:
- Being passed over for promotion in favor of clearly less qualified coworkers
- Receiving significantly lower pay than coworkers doing the same job with similar experience
- Being disciplined more harshly than others for similar conduct
- Being excluded from important meetings, training, or client opportunities without a legitimate reason
- Harassing comments, slurs, or “jokes” tied to your race, gender, age, disability, religion, sexual orientation, or other protected characteristic
- Unwelcome touching or sexual comments from a supervisor or coworker
- Sudden schedule changes, write-ups, or a demotion after you complain about discrimination, harassment, safety issues, or wage violations
- Being isolated, ignored, or given the worst assignments after you report misconduct or support a coworker’s complaint
If your situation looks like one of these examples, it may be more than just “unfair” – it could be unlawful discrimination, harassment, or retaliation under Oregon and federal law.
Your Rights if You’re Treated Unfairly at Work in Oregon
Oregon employees have strong protections against discriminatory and retaliatory treatment at work. In general, unfair treatment may be illegal if:
- You are treated worse because of a protected characteristic such as race, color, national origin, sex, pregnancy, sexual orientation, gender identity, age, religion, disability, or veteran status
- You are harassed so severely or frequently that it creates a hostile work environment
- Your employer punishes you for asserting your rights, such as reporting discrimination or harassment, taking protected medical or family leave, reporting safety concerns, or asking to be paid lawfully
If your employer is covered by the law, it is generally illegal for them to:
- Refuse to hire or promote you because of a protected characteristic
- Pay you less, cut your hours, or change your schedule because of who you are
- Ignore or downplay serious harassment complaints
- Retaliate against you for speaking up about discrimination, harassment, or other workplace violations
In Oregon, you may have the option to pursue your rights through state agencies like the Bureau of Labor and Industries (BOLI), through federal agencies like the Equal Employment Opportunity Commission (EEOC), or through a lawsuit in court. There are strict deadlines for taking action, and those deadlines can come up quickly.
At Meyer Employment Law, we represent employees across Oregon. If you are not sure whether what you are experiencing is “just unfair” or actually illegal, talking with an Oregon employment lawyer can help you understand your options before you make any big decisions.
Frequently Asked Questions About Unfair Treatment at Work in Oregon
Is unfair treatment at work always illegal?
No. The law does not require your employer to be kind, fair, or reasonable in every situation. Unfair treatment becomes potentially illegal when it is tied to a protected characteristic (such as race, gender, disability, or age), when it involves severe or pervasive harassment, or when it is done to punish you for asserting your legal rights. An Oregon employment lawyer can help you sort out whether your situation crosses that legal line.
Who should I talk to first about unfair treatment at work in Oregon?
Often, your first step is to review your employer’s policies and, when it’s safe to do so, report the issue internally through a supervisor or HR. This can help create a written record of what is happening. However, if the problem involves your direct supervisor, HR, or someone high up in the company, or you are worried about retaliation, it can be smart to consult with an Oregon employment lawyer before or while you make an internal complaint so you understand how to protect yourself.
Can my employer fire me for reporting unfair treatment?
Retaliation for reporting discrimination, harassment, or other legal violations is generally against the law. That means your employer should not fire you, demote you, cut your hours, or punish you in other ways because you raised a good-faith concern. Unfortunately, some employers retaliate anyway. If you notice negative changes at work after you report a problem, document what is happening and speak with an employment lawyer as soon as possible.
Should I quit my job if I’m being treated unfairly?
Quitting is a big decision and can affect your income, benefits, and potential legal claims. In many situations, it is better to talk with an employment lawyer before you resign so you understand the risks and alternatives. Depending on the facts, you may have options such as making an internal complaint, requesting a reasonable accommodation, or pursuing a legal claim while you are still employed.
When should I talk to an Oregon employment lawyer about unfair treatment at work?
You should consider talking to a lawyer if:
- The unfair treatment seems connected to your race, gender, age, disability, pregnancy, or another protected characteristic
- You are experiencing ongoing harassment or a hostile work environment
- You have been punished or treated differently after reporting a concern
- You are facing a demotion, termination, or forced resignation
An attorney at Meyer Employment Law can review your situation, explain how Oregon and federal laws apply, and help you decide on your next steps.
