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It is free to file a discrimination complaint with the EEOC if you are in the US. They will investigate your claims and attempt to settle them with your employe
by metiscus 8y ago
It is free to file a discrimination complaint with the EEOC if you are in the US. They will investigate your claims and attempt to settle them with your employer. If your employer is unwilling to settle they can and do often sue on your behalf to ensure an equitable outcome.
Additionally the Department of Labor will investigate your claims and can bring enforcement actions on your behalf.
Additionally pregnancy is considered disability therefore you can also lodge an ADA complaint with the DOJ who will investigate your claims and bring enforcement actions on your behalf.
To say you have no options is incorrect. Bona fide violations of law are routinely handled by these agencies at no cost to the victim and are very often successful.
https://www.eeoc.gov/federal/fed_employees/filing_complaint.cfm https://www.eeoc.gov/federal/fed_employees/filing_complaint....
https://www.eeoc.gov/eeoc/newsroom/wysk/conciliation_litigation.cfm https://www.eeoc.gov/eeoc/newsroom/wysk/conciliation_litigat...
https://webapps.dol.gov/elaws/whd/fmla/13.aspx https://webapps.dol.gov/elaws/whd/fmla/13.aspx
Edit: ADA to DOJ
https://www.ada.gov/filing_complaint.htm https://www.ada.gov/filing_complaint.htm
- URSpider94 8y agoNit pick: the ADA is a law, not an agency. The DoJ is the agency that will prosecute violations of the act.
- Spooky23 8y agoIf you work in an incestuous industry like tech, you will be blacklisted in many circles for going down this path.
- Phlarp 8y agoAnd as always, even worse-- You won't ever know if you just aren't up to snuff as an engineer / interviewer or if one or more of your interviewers, recruiters or hiring agents knows of and/or participates in such "blacklisting" Which is also illegal, but companies openly get away with it every day. The worst that ever happens is a slap on the wrist when all the major companies have non recruitment ("no poaching") agreements with each other, suppress wages, get caught, and have to pay a token fine.
- home_boi 8y agoWill it? Women who have made public, unproven accusations of sexual harassment seem to be doing just fine
- Spooky23 8y agoAre they? They look overqualified and not a good fit with the team culture.
- metiscus 8y agoThose situations can often be solved in much the same way. If someone is giving out malicious references due to an enforcement action, you report it to the EEOC or other agencies. That is also a violation and can result in further action on your behalf. Many states have statutes on the books against blacklisting and you may be able to engage the state DOL or other agencies to help you. These agencies have the full weight of the federal or state government behind them and are not in the habit of losing enforcement actions.
- fixermark 8y agoNobody needs to give out malicious references when everyone just does lunch with everyone else. Silicon Valley is a small place.
- bayonetz 8y agoBlacklisting is typically done covertly though.
- dnomad 8y agoThis is not likely to be the case. It is not so easy to pursue a retaliation complaint. I suggest you look at the case law history here. America is not France where the courts almost always side with employees. It's just the opposite. There's a very high bar for retaliation complaints and it's getting higher all the time [1]. These days you basically need a confession from your employer to establish that the retaliation was the "determinative factor." [1] https://www.nytimes.com/2013/06/25/business/supreme-court-raises-bar-to-prove-job-discrimination.html https://www.nytimes.com/2013/06/25/business/supreme-court-ra...
- mbrameld 8y agoYou left off a pretty important qualifier. If you're willing to entertain the fact that tech jobs exist outside of Silicon Valley, finding another equivalent job after winning a discrimination lawsuit against a former employer is no problem.
- gaius 8y agoyou will be blacklisted in many circles One revelation of the Damore affair was that Google managers a) participate in blacklisting and b) are utterly brazen about it
- dnomad 8y agoThis is not true. If you're an employee actually brave enough to pursue a discrimination a complaint with the EEOC understand that you will be blacklisted and/or subject to retaliation by various firms (not just your immediate employer). EEOC understands that retaliation is rampant [1] but America's very pro-business courts have made it impossible to prove in court. It is hardly "free" and certainly not recommended for most employees to pursue an EEOC complaint. [1] https://www.bna.com/eeoc-ponders-ways-n17179928871/ https://www.bna.com/eeoc-ponders-ways-n17179928871/