Now That You're Ready to File an Employment Discrimination Complaint With Your Employer, You’ll Want to Follow These uidelines:

Before you read this post, read the one dated Monday, November 28, 2005. This is a follow-up.

1. Go to the offending party first and give him (or her) a chance to make things right. The law requires you to take this first step. Again, do not give up your documentation. Do not let the person know you have documentation. Clearly state your allegation; providing no more information than is necessary. I suggest giving the offending party bulleted notes of what you plan to discuss. If you’re making a claim of gender bias, sexual harassment, or anything along those lines, make sure those key words are in the notes. The law does not require you to spell it out, but it will help your case tremendously if you do. Remember, keep the tone extremely professional. I’m not saying this will be easy, it rarely ever is, but it is absolutely essential.

2. Immediately following your meeting, make a note of the time, the date, what was said, your impressions, the offending party’s reaction and any response promised you. Put this in your file.

3. Let’s say nothing changes after you went to the offending party. Go to your supervisor. Approach your supervisor in the same manner as outlined above. If again, you receive no response or you feel you’re being retaliated against or if your supervisor happens to be the offending party, you’ll need to go to HR. Follow the grievances procedures in your employee handbook to the letter. Put your grievance in writing. Be strictly professional. If you’re making a claim of discrimination, say so in writing. You cannot file a claim of discrimination with the Equal Employment Opportunity Office if you did not make every effort to let your employer know about the problem. Don’t expect your employer to be forthright and admit to you verbalizing your grievances. Always have something in writing to back up your claim. Again, document every conversation with detailed accuracy. If nothing comes from your complaint with HR or if retaliatory measures are taken against you, you’ll be ready to file your complaint with the EEOC.

Before You Make an EEOC Complaint…

Document, document, document. I cannot stress that enough. Discrimination claims, particularly gender discrimination claims are extremely difficult to prove. The burden of proof lies with you. Follow these guidelines before you file a claim;

1. Don’t do anything that will give your employer a legitimate reason to fire you. If they’re looking to fire you, trust me when I say they will be documenting your every move. Do not be tardy, do not be insubordinate, do not have unexcused absences, do not send out emails that will come back to haunt you (because they will). Imagine everything you do hence forth is being taped and will be played back before a jury. You want to be squeaky clean. Make sure that you are.

2. Make sure you have a copy of the employee handbook (if one was issued to you). If not, call your HR department and ask for one. Make a note of the day you requested the employee handbook, who you spoke with, and when you received the handbook. Keep this in a file (at home).

3. Make a copy of the employee handbook; every page. If you’re terminated, you may be required to turn the handbook back in. Be prepared for that. Make sure you have read and reviewed the handbook so when the EEOC has a question, you’ll be able to refer them to the appropriate page.

4. Make sure you have a copy of every performance appraisal ever issued you.

5. Make sure you have a copy of any memos or other written statements from your superiors or others involved. This includes everything from formal memos to notes written on the back of an envelope; everything that could be found objectionable.

6. If you ever receive any written warnings or disciplinary action, make sure you write down your version of the events and back that up with any affidavits from witnesses. If you’re not comfortable with getting affidavits from co-workers, make a note of the time, the event in question, and the names and contact information of witnesses. Always remain professional, even if you disagree with what is happening to you or around you.

7. Keep a log of personal commentary as events unfold. Did anyone make a comment you find objectionable, any that reference, race, sex, or age or handicap bias? Is management treating a protected class differently? Write it down. You’ll need the time, the date, and the names of witnesses. Do it right then while the events are fresh in your mind. Note the way the comments or the actions made you feel. Details and accuracy are key. Avoid any feelings of anger or sarcasm meaning, don't let a negative tone come across in your notes.

8. Before you go to speak with the offending party or management, go through your emails. Pull anything that can be used against your employer and the co-worker in question; anything that has to do with illegal activity, discriminatory activity, anything and everything that could be construed as remotely objectionable. You may not get a second chance to access this information. Please note, some company handbooks state that email is company property (clearly, there’s a reason why they’re saying this). I don’t want you to do anything that will get yourself in trouble. Please understand I’m not telling you to do anything illegal. Just know that emails have a knack for disappearing. If you don’t have some record of them, your case could be in jeopardy.

9. Make sure you have pulled from email and elsewhere, any positive feedback you have received. Go as far back as you need to go. This feedback can be from co-workers, customers, and management. This will be extremely important, particularly if you don’t have the performance appraisals to back you up.

Once you have all this together, you’re ready to file your grievance. Do not show management your documentation; do not let them know you have documentation. Keep it in a safe place at home (make copies and give it to a trusted friend or family member). Hopefully, you won’t have to use it.

Maureen Dowd's "Are Men Necessary?"

Maureen Dowd's new book, "Are Men Necessary?" is stirring up quite a bit of controversy. An excerpt reads, "the perfume of female power is a turnoff for men." Is she serious? What do you think this writer has to say about feminism today?

A review by Susan J. Douglas, a professor of communications at the University of Michigan. http://www.inthesetimes.com/site/main/article/2409/

A review by columnist and author Katie Roiphe. http://www.slate.com/id/2129290

Amazon.com customer reviews.

Pittsburgh Tribune-Review article by Anne Michaud

Thank you Anne Michaud of the Pittsburgh Tribune-Review for allowing me to link to your article, "Women make peace with putting family before career." The most important message I received from your column was, ". . . that we should each have a choice to follow the passions that inspire us. Neither tradition nor prejudice should bar us from choosing a career or motherhood -- or both. "

Fellow readers, you may check out this article by clicking here:

Treated Unfairly at Work? Toxic Boss? Read on About This Study Could Help Make Your Case for Compensatory Damages.

A 10-year study from researchers in Finland revealed that people being treated unfairly at work suffer a higher risk of coronary disease. The article ran on abc's news site stating, "Considering that most people spend at least eight hours a day at work, a mean boss can have a hugely detrimental impact on someone's quality of life."

This study may prove important for a case of compensatory damages.

To read this article click here

Attorney Manual for Title VII Laws Available Online.

Prepared for Chicago court-appointed attorneys, this 44-page manual contains a summary of the laws under Title VII and includes important Supreme Court and Circuit Court cases decided through January, 2005. A must read.

http://www.clccrul.org/TitleVIImanual.pdf

Ms. Magazine Article Highlights the Challenges of Filing a Sex Discrimination Charge.

Ms. Magazine ran an article in 2004 regarding the challenges of filing a gender bias charge. In the article, author Pamela Haag wrote, "A 1993 Supreme Court decision holds that even if a plaintiff proves her employer lied about a hiring decision, she must also show that the lie hides a discriminatory intent, which is extremely difficult to prove. . .Since the mid-1980s, courts also have been more inclined to dismiss discrimination cases on summary judgment, which means that the plaintiff does not get her day in court because the judge believes her case is doomed to fail."

You can read the full article here http://www.msmagazine.com/fall2004/sexdiscrimination.asp

Leave a comment below if you don't mind it being read by all or you may email me projectgail@yahoo.com

Survey Says Sex Discrimination Number One Hot Button Issue.

The Jackson Lewis law firm in White Plains NY did a survey in 2004 of 234 businesses and found that sex discrimination is the number one hot button issue. 58% of the businesses surveyed said they were dealing with sex discrimination charges. That's a ten percent spike over the previous year.

Read the article here

Discrimination within Abercrombie & Fitch.

This made the news recently. To paraphrase:

"In 2005, a "girl-cott" was launched against the retail chain Abercrombie & Fitch for selling T-shirts bearing phrases like "Who needs a brain when you have these?" The girl-cott went national on NBC's "Today" show and on November 5, A&F pulled the shirts from their stores under pressure from media attention. This is not the first time the store has faced controversy. In 2004, the store agreed to a $40 million settlement with minority workers after being accused of offering white employees better positions and recruiting at primarily white sororities and fraternities."

Discrimination Attorney Offers Great Information.

I came across this attorney's website the other day and just had to share it with you. He offers interesting articles, court rulings, definitions of some legalese and, more importantly, what it takes to prove a discrimination case. Check it out here I hope you find it helpful.

Leave a comment below if you don't mind it being read by all or you may email me at projectgail@yahoo.com

The ProjectGail Store is open for business.

They’re here! The first six designs for projectgail are ready to go. I’ll be adding new designs from time to time. If you make a purchase, send me a photo and if I ever figure out how to upload pictures on this @#$% thing I’ll post it.

The first six designs include: Discrimination Pays!; Team Player; Will work for Equal Rights; Projectgail Logo; American Feminist; and 4 out of 5 Bitches Agree.

See them all at www.cafepress.com/projectgail

Leave a comment below if you don't mind it being read by all or you may email me at projectgail@yahoo.com

About ProjectGail

My mother never sang me lullabies, never filled my head with fairy tales. I knew the stories of Sojourner Truth, Martin Luther King, and Betty Friedan well before I ever sneaked a peak at Cinderella. To this day the melody of Helen Redding’s I am Woman (Hear Me Roar) brings me comfort. I am the daughter of a civil rights activist; the daughter of a former go-go dancer turned Equal Employment Opportunity Investigator. My mother’s name is Gail and this blog is named for her.

My mother is what some might call a “militant feminist.” Her picture in the logo (seen here, http://www.cafepress.com/projectgail ) was taken over 30 years ago but to this day it’s a fair representation of who she is. I feel it imperative to explain that being a feminist, dear friends, is not synonymous with hating or bashing men. Please do not allow yourself or anyone else to confuse the two.

A feminist, in the purest definition, is someone who advocates the political, social, and economic equality of women. Former educator and drug campaigner Timothy Leary once said, “women who seek to be equal with men lack ambition.” That’s not my philosophy. I’m not a proponent of gender-specific superiority. Personally, I find the mantra “girl power” just as offensive as “white power.” My motivation is born of the promotion of equal rights and human dignity. That’s what you’ll find here.

My mother was, and still is, my greatest teacher. She taught me awareness. She challenged me to question, to dream, to educate myself, and to stand for what I believe. From a very young age I learned to recognize that women are treated less than equal. Women still earn .75 cents to the dollar of a man’s salary (note: that's for women over all. If you're a woman of color your earnings are significantly less). In 2005, we still refer to women as Miss or Mrs. while a man’s marital status is never called into question with the ambiguous Mr. Every day in this country women marry taking the surnames of their husbands without even a second thought over the loss of their own lineage and identity. The thinking woman asks, why?

With such awareness one might question how it’s possible that I find myself in the position I am today; a “victim” of sex discrimination and disparagement.

I am a child of the seventies, born just six years after Title VII was passed. When I entered the workforce I thought the discrimination of a by-gone era didn’t happen any more. After all, we’ve come a long way, baby. But surprise, surprise we have a long way to go.

For legal purposes, I can’t name names at this time or provide any revealing information about the parties involved in my situation. I can tell you I am the charging party on a class investigation for sex discrimination. I was terminated on July 30, 2004 (the very day of our grievance meeting with management) and I’m still waiting for the EEOC (Equal Employment Opportunity Commission) to determine whether or not our case has probable cause. The past 15 months have been difficult to say the least but I have been fortunate to have the emotional support from my mother, Gail, my father, my husband, and my sister.

Only 6.4% of the over 20,000 sex based discrimination cases brought forth to the EEOC in 2004 were found to have reasonable cause. Only 1.8% came to a successful conciliation. Though the EEOC has one mission: “the elimination of illegal discrimination in the workplace,” it is by their own admission that they lack adequate staffing and resources (read it here) . This problem is nationwide. The system is designed to bump your case out. If you don’t know what to say, how to support your case and what evidence to provide, you could be out of luck. And don’t think you’ll have it any better if you strike out on your own with an attorney. Sex discrimination cases are rarely a “slam dunk.” Lawyers will not be lining up to represent you.

Regardless of the discrimination you’ve suffered, you have only one chance to make a good impression with the EEOC. The initial interview you have with the intake officer will determine whether or not your case is even looked at. ProjectGail is here to support you. I’m not an attorney therefore I can’t offer you any legal advice. I am currently stuck in the muck and the mire with you. What I can offer are the lessons I’ve learned, the stories in the news that might support your case, links to information, and a layman’s interpretation of the legalese you’ll encounter. I want to share my story in the hopes that you will share yours. I want to hear from you. If you have questions, problems, or solutions please email me . Let ProjectGail be your support, your voice, your revolution.

As my mother told me, “you can either be a victim of discrimination or a warrior against it.” I choose to be the latter.

Show your support for projectgail by visiting www.cafepress.com/projectgail and share the story.

Leave a comment below if you don't mind it being read by all or you may email me at projectgail@yahoo.com