unfair work assignments

How to Deal With an Unbalanced Workload in a Team

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• Team Building
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Ways to Break Communication Barriers Between Employees

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All employees need to work effectively in an organization to help the business achieve its targets. However, sometimes certain employees may not carry their weight while others have too much on their to-do lists. This can lead to frustration, resentment and anger between team members. It's important to try to achieve an equal distribution of workload so that all employees are satisfied and engaged in their roles.

Assess the Current Workload Situation

Sharing the workload in a team ensures that no single employee is burned out while others don't have enough to do. If this is the case on your team, begin by figuring out what the present workload looks like for each team member. Legalwise recommends reviewing what each team member is doing and not doing. Are certain team members assigned more work than others, or do they have more work to do because their colleagues are not fulfilling their own responsibilities?

If there are colleagues on your team who are underperforming, consider what else is going on in their lives. Personal issues, health problems or a lack of understanding of their role could be the case. Are they fully aware of the expectations, or do they not know what they are responsible for completing? For employees who are taking on the lion's share of work, is it because they feel obligated to help out, or because they believe it is part of their role? After you have a clear understanding of why the imbalance exists, you can better devise a plan to rectify the issue.

Review Your Business Goals and Priorities

Consider what the key goals of your department are and how they align with the business. Does your team have an unbalanced workload because you are directly responsible for achieving a top-line target? If some of your team members have a lot of work and that work is not aligned with key business goals, you may need to reassess those tasks.

Gain recommends prioritizing the items your team needs to complete first and ensuring they align with the business's main goals. Once you have a list by priority, you can distribute tasks to each employee on the team, ensuring that no single employee is responsible for all the high-priority tasks. Instead of looking at the tasks at a granular level, take a strategic approach so that you're not micromanaging. After you assign the tasks and clarify their priority, let the employees figure out how to complete them.

Consider Each Team Member's Skill Sets

Dividing work among team members can be challenging when each employee has different skills, but it can also open up new opportunities. If one team member is particularly good at a specific kind of task, she may be able to complete that task much faster than anyone else on your team, increasing your productivity as a whole. If a team member lacks a particular skills but shows interest and motivation in doing that kind of task, teaching the skill can help you create a more balanced workload in your team.

Providing employees with different skills and knowledge is key if you want them to be able to help the business achieve its goals. Look into regular group training sessions and ongoing professional development to enhance team members' skill sets. Gain recommends checking in with your staff periodically to understand whether they have picked up any new skills or certifications.

Check Each Team Member's Availability

In an ideal world, each team member would have equal availability so that you could easily assign them a balanced workload. However, many different things can affect an employee's availability, resulting in more work for their team members. For example, if an employee is going on a vacation or is sick for a few days, they won't be able to complete their work. In this case, the rest of the team members need to pick up extra work to hit the department's targets. While this can seem like an imbalance, it evens out in the long run. Take time to explain to team members that when they go on vacation or are ill, their colleagues will pick up their work.

In addition to personal changes to availability, take a look at professional commitments. For example, a team member may be pulled into a different project in another department based on specific knowledge or skills they have. Similarly, they may be asked to volunteer for a committee that takes up time at work. Consider how these professional commitments affect your team's availability when handing out tasks.

Work With Leadership to Achieve an Equal Distribution of Workload

When dividing work among team members equally, it's important to get company leadership involved so that they are aware of your goal. Businesses don't want employees who are stressed or burned out or those who feel like they have far too much responsibility for their role. Organizations want employees who are satisfied, engaged and interested in their work. This leads to company loyalty and reduces turnover and attrition, which can be costly.

Make leadership aware of the current unbalanced workload so that they can take part in devising company policy to ensure this doesn't permeate to other parts of the organization. If one department is facing unbalanced workloads, it's possible others are too. A top-down directive to ensure all team members have a balanced set of tasks helps everyone in the organization.

Ensure Expectations and Roles Are Clear

Harvard Business Review recommends focusing on outcomes rather than hours of work because not all employees work at the same pace. A task may take one employee two hours while it takes another employee a full day to complete. This doesn't mean the workload is imbalanced. In some situations, you have to keep the result in mind when dividing the workload, rather than the time it takes to achieve that result. Employees should also have a clear understanding of what is expected of them and how it relates to the outcomes they need to deliver.

Sharing workload in a team requires each employee to fully understand their role and the roles of each of their colleagues. Develop clear job descriptions that outline each member's responsibilities, both in terms of tasks and results. When employees know what their team members' roles are, they can self-assign specific tasks that fall into their purview.

Communicate With Each Team Member

When dividing up the workload evenly in your team, communicate directives one-on-one with each team member wherever possible so that you can speak to their specific work habits. For example, some employees on your team may not know how to say no to tasks and take whatever is handed to them, resulting in them being overworked. Harvard Business Review suggests asking them if they want to let go of specific tasks they have on their plate to take on different ones. Let them know they don't have to be responsible for everything.

For employees who are struggling with their workload, see what the issue is. Do they have the necessary skills and knowledge for the role, or do they require more training before they are up to speed? Employees who lack motivation and initiative may need to be reminded of how their performance is measured. They may need to be told that they are failing to meet the minimum expectations. This will push them into picking up more work to correct the unbalanced workload.

• Harvard Business Review: Make Sure Your Team’s Workload Is Divided Fairly
• Gain: How to Balance Your Team’s Workload Fairly and Effectively
• If production slowdowns occur with some team members picking up the slack of others, and each team member seems well matched to tasks and adaptable to sudden changes in deadlines, check if external environmental factors such as heat or loud noises are causing a problem.
• Don't use overtime as the standard method to deal with an unbalanced workload, as workers can become dependent on that income over time and perceive it incorrectly as regular income. After you rebalance the workload to fit a regular schedule, some team members might quit if no longer offered overtime.

Anam Ahmed is a Toronto-based writer and editor with over a decade of experience helping small businesses and entrepreneurs reach new heights. She has experience ghostwriting and editing business books, especially those in the "For Dummies" series, in addition to writing and editing web content for the brand. Anam works as a marketing strategist and copywriter, collaborating with everyone from Fortune 500 companies to start-ups, lifestyle bloggers to professional athletes. As a small business owner herself, she is well-versed in what it takes to run and market a small business. Anam earned an M.A. from the University of Toronto and a B.A.H. from Queen's University. Learn more at www.anamahmed.ca.

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What Is Considered Unfair Treatment at Work?

• Nov.22.2021
• Workplace Discrimination

Treated unfairly at work? Contact attorney  Theo Khachaturian  today at 818-237-4166  or  contact us about your case .

Unfortunately, the workplace can be unkind.

Sometimes you can bring legal action against your employer for unfair treatment at work, and sometimes you can’t.

How do you know when a workplace issue is legally actionable?

Read the following article for insights and consult with an experienced workplace discrimination attorney to evaluate your case.

Contents hide 1. Defining Workplace Discrimination and Harassment 1.1. Protected Characteristics 1.2. Protected Activities 1.3. Workplace Discrimination 1.4. Workplace Harassment 1.5. Evidence 2. Filing a Complaint 3. Fight Back Against Unfair Workplace Treatment

Defining Workplace Discrimination and Harassment

Before you file a complaint or lawsuit for being unfairly treated at work, you should be able to answer the following questions about your case: 

• What negative act did your employer commit or allow?
• What protected characteristic or protected activity of yours motivated the negative act?
• What evidence do you have to prove the negative act and the motivation for it?

You don’t have to have every detail of the answers to these questions ready before you file a complaint or lawsuit, but you should have a basic answer to each question before starting legal action.

Protected Characteristics

In general, your personal characteristics should not prevent you from getting a job, keeping a job, or reaping the benefits of your work. It’s illegal to discriminate against or harass an employee for any of the following reasons:

• Race, 
• Disability,
• Gender/gender identity,
• Marital status,
• Veteran status,
• Military status,
• Medical condition,
• Genetic information,

In many cases, you have protection against discrimination motivated by the personal characteristics you have and the characteristics your employer thinks you have. 

Protected Activities

California law also prevents your employer from punishing you for engaging in certain activities that are protected by law , such as: 

• Serving on a jury (with proper notice);
• Taking necessary family or medical leave;
• Attending court because you are the victim of certain criminal activity;
• Seeking care because you are the victim of certain criminal activity;
• Sharing your salary or wage information with others;
• Participating in a workplace complaint;
• Taking time off to fulfill first responder duties;
• Taking advantage of lactation rights;
• Participating in politics;
• Whistleblowing; and
• Asserting your rights as an employee.

Legally actionable workplace activity normally comes in the form of discrimination or harassment.

You don’t have to wait to be fired before you can file a complaint or lawsuit for workplace discrimination.

You can sue or file a discrimination complaint against an employer who takes any of the following negative actions against you based on protected characteristics or activities:

• Denying a job,
• Denying a promotion,
• Denying a training or education opportunity,
• Providing unequal payment,
• Providing unequal working conditions,
• Making an unfavorable job transfer,
• Demoting you,
• Denying work-related benefits, or
• Terminating you.

Please note that you can file a discrimination lawsuit or complaint against your employer in California only if they have five or more employees. 

• Workplace Harassment

Workplace harassment can be harder to define, but it’s still repugnant and serious. Harassment can include constant, inappropriate comments about a protected group or activity, unwanted touch, or inappropriate requests.

Many think of sexual harassment when they think of harassment complaints, but harassment based on any protected group or activity can be legally actionable.

Also, you can bring legal action for harassment against your employer, no matter how few employees they have. 

Once you know your employer engaged in illegal discrimination or harassment, you need to be able to prove it.

Some of your proof may come during the investigation phase of a Department of Fair Employment and Housing (DFEH) complaint, or the discovery phase of a lawsuit, but you need to have some proof before you complain.

Useful evidence can be in the form of:

• Commendations, 
• Witness testimony,
• Personal notes,
• Employee handbooks, and 
• Records of previous human resources complaints. 

If you’re still working at your job, take note of each discriminatory or harassing event and any witnesses. 

Filing a Complaint

If you want to sue your employer in civil court, the employment lawyers at Workplace Rights Law Group can apply for a right-to-sue letter on your behalf. That letter initiates the process of a lawsuit.

You have three years to file a DFEH complaint, and you could have as little as 180 days to file an EEOC complaint. These deadlines move fast, but an attorney can handle them for you. 

Fight Back Against Unfair Workplace Treatment

Negative treatment at work is especially disheartening when your employer punishes you for unlawful reasons. You don’t have to take mistreatment without a fight, and you don’t have to fight alone.

At the Workplace Rights Law Group, LLP , we are passionate about righting the wrongs our clients have suffered at work.

Our employment attorneys have 75 years of combined experience in employment law, and we work hard to fulfill our clients’ unique legal needs.

We’re here to listen, and we’re here to help. Call us at 818-237-4166 or reach out to us online for a free case review. 

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Theo Khachaturian

Theo is a trial & appellate lawyer whose practice has emphasized wage-and-hour class actions, business disputes, wrongful termination, discrimination, harassment, and intellectual property theft. He has tried civil cases and argued before various California Courts of Appeal.

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Unfair Treatment at Work: 15 Examples + How to Address and Take Action Against

Workplace fairness is an essential aspect of maintaining a harmonious and productive environment. Unfortunately, unfair treatment can sometimes seep into the daily dynamics of our professional lives. It can come in various forms, from subtle acts of exclusion to more overt acts of discrimination. But fret not! In this article, we will explore how you can effectively deal with unfair treatment at work , empowering you to take control of your own destiny.

Table of Contents

Defining Unfair Treatment at Work: 9 Key Points

Unfair treatment at work can take various forms and has a significant impact on employees’ well-being. To better understand what constitutes unfair treatment, here are nine key points that provide insights and innovative perspectives:

• Unfair treatment often involves discrimination based on characteristics such as race, gender, age, religion, disability, or sexual orientation. However, it can also include subtle biases and microaggressions.
• Pay disparities between employees in similar roles with comparable qualifications are a clear example of unfair treatment. This extends to differences in bonuses, raises, and benefits.
• When certain employees are consistently burdened with heavier workloads, while others have more manageable tasks, it signifies unfair treatment.
• Unfair treatment includes being routinely excluded from developmental opportunities, promotions, or high-impact projects that could advance your career.
• A hostile work environment involves harassment, bullying, or intimidation , whether it’s overt or subtle, leading to feelings of discomfort and distress.
• Unfair treatment can manifest through negative performance reviews that don’t align with an employee’s actual contributions and abilities.
• If management lacks transparency in decision-making processes, policies, or resource allocation, it can lead to perceptions of unfair treatment.
• Micromanaging employees and not allowing them autonomy in their roles can be considered unfair treatment. It can hinder professional growth and job satisfaction.
• When management dismisses or ignores employee feedback or concerns, it contributes to a perception of unfair treatment.

Unfair treatment can harm employee morale, job satisfaction, and overall well-being. Innovatively addressing these issues involves fostering open communication, implementing anonymous reporting systems, and encouraging diversity and inclusion initiatives. It’s essential for both employees and employers to work together to create a fair and equitable workplace.

Recognizing Unfair Treatment

Unfair treatment at work can often cloak itself in disguises, making it challenging to discern. Look out for signs such as being consistently passed over for opportunities, receiving unequal compensation, or being subjected to excessive scrutiny compared to your colleagues. Remember, fairness should be the cornerstone of any workplace, and any deviation from this principle merits attention.

Understanding Different Forms of Unfair Treatment at Work

Unfair treatment can manifest in various ways, depending on its nature. It is essential to understand these different forms to effectively address and combat unfair treatment.

One form of unfair treatment is discrimination based on race, gender, age, or disability. Unfortunately, workplace discrimination continues to be a prevalent issue, despite legal protections. If you find yourself being treated differently or facing obstacles solely based on these characteristics, it is crucial to recognize and address this form of unfair treatment.

Another form of unfair treatment is favoritism. In some workplaces, certain individuals receive preferential treatment, while others feel undervalued and overlooked. This can create a toxic work environment and breed resentment among employees. Recognizing favoritism is essential in order to advocate for equal treatment and a level playing field.

By understanding the different forms of unfair treatment, you can better articulate your concerns and gather the necessary evidence to support your claim. It is important to document instances of unfair treatment, such as specific incidents, dates, and individuals involved. This evidence will strengthen your case and help you navigate the process of addressing and resolving the unfair treatment.

15 Unfair Treatment at Work Examples

Unfair treatment at work can manifest in various forms, affecting employees’ well-being and job satisfaction. Recognizing these signs is crucial for addressing workplace inequality. Here are 15 examples of unfair treatment at work, along with unconventional approaches to identify and deal with them:

• Unfair treatment can begin during the hiring process with biases based on gender, race, or age. Combat this by encouraging diverse hiring panels and blind recruitment processes .
• Unexplained differences in pay for individuals with similar roles and experience. Combat this by advocating for salary transparency within your organization.
• Some employees consistently receive better opportunities for promotions, training, or high-impact projects. Combat this by tracking opportunities and advocating for equal access.
• Certain employees might be burdened with unmanageable workloads while others enjoy a more reasonable balance. Combat this by addressing workload discrepancies with your supervisor and HR.
• Receiving negative performance reviews that don’t align with your actual contributions and efforts. Combat this by maintaining a detailed record of your accomplishments.
• Constant verbal abuse, bullying, or harassment in the workplace. Combat this by documenting incidents and seeking assistance from HR or a neutral third party.
• Not receiving constructive feedback or unclear expectations from supervisors, leading to potential unfair treatment. Combat this by initiating regular feedback discussions.
• Being consistently excluded from crucial decision-making processes. Combat this by proactively expressing your interest in contributing to these discussions.
• Not receiving the training or support necessary to perform your job effectively, leading to unfair treatment. Combat this by requesting specific resources and assistance.
• Supervisors consistently favoring certain employees over others, impacting promotions and opportunities. Combat this by advocating for merit-based decision-making.
• Different consequences for the same infractions based on favoritism or biases. Combat this by addressing inconsistencies with HR and seeking a fair resolution.
• Constant surveillance and micromanagement by supervisors, impacting job satisfaction. Combat this by fostering open communication with your manager.
• Being deliberately isolated or excluded by colleagues, leading to a hostile work environment. Combat this by seeking support from HR and fostering positive workplace relationships.
• Being terminated without proper justification or due process. Combat this by seeking legal advice if necessary and advocating for your rights.
• Consistently experiencing payroll errors that affect your income. Combat this by carefully monitoring your pay and promptly addressing discrepancies.

Unfair treatment at work can negatively impact your professional and personal life. To address these issues, it’s essential to document incidents, seek support from HR or legal resources when necessary, and promote fairness and transparency within your organization. Innovation in addressing these issues may involve the use of technology for documentation or implementing anonymous reporting systems to encourage openness and equity in the workplace.

Addressing Unfair Treatment

Addressing unfair treatment at work is a crucial step towards creating a more equitable and inclusive work environment . It requires a proactive approach and a willingness to engage in difficult conversations. In some cases, addressing unfair treatment may begin with a candid conversation with the individual responsible.

When communicating with the offender, it is important to articulate your concerns and how their actions have affected you personally and professionally. By expressing your thoughts and feelings, you provide them with an opportunity to understand the impact of their behavior. Sometimes, a metaphorical mirror can be held up to reflect upon their actions, encouraging self-reflection and potentially leading to a change in behavior.

Engaging in constructive dialogue can be challenging, but it is a necessary step towards finding a resolution. By approaching the conversation with empathy and a willingness to listen, you create an environment that fosters understanding and growth. Through this process, you may be able to resolve the matter amicably and foster a more harmonious work environment.

Seeking Support from Colleagues and Superiors

When faced with unfair treatment at work, seeking support from your colleagues and superiors can make a world of difference. Their perspectives and experiences may shed light on similar instances of injustice and provide solidarity. Strength is found in numbers, and collectively, you can work towards effecting positive change within your organization.

By sharing your experiences with trusted colleagues, you create a support network that can offer guidance and advice. They may have encountered similar situations and can provide valuable insights on how to navigate through the challenges. Additionally, seeking support from superiors can help bring attention to the issue and ensure that it is addressed at a higher level.

Remember, you are not alone in your experience. Building connections and alliances within your workplace can create a stronger voice for advocating for fairness and equality.

Documenting Incidents and Gathering Evidence

While conversations and support are vital, it’s equally crucial to document incidents of unfair treatment and gather evidence to support your claims. Think of this documentation as building blocks that construct the fortress of fairness.

When documenting incidents, it is important to capture dates, times, and specifics of each occurrence. This comprehensive record will serve as evidence of the unfair treatment you have experienced. It provides a factual basis for any potential actions or conversations you might undertake in the future.

Additionally, gathering evidence can help identify patterns and trends, further strengthening your case. This evidence may include emails, messages, or any other form of communication that demonstrates the unfair treatment you have endured.

By having a well-documented record of incidents and evidence, you are better equipped to present your case and advocate for change. It provides a solid foundation for addressing the unfair treatment and seeking a resolution.

Taking Action against Unfair Treatment

Unfair treatment in the workplace can be a challenging and distressing experience. It is essential to take action and address the issue head-on to ensure a fair and just working environment. When all attempts to resolve the matter internally have been exhausted, there are several steps you can take to escalate the situation and seek the justice you deserve.

Reporting to Human Resources or Management

One of the first steps you should consider is reporting your concerns to your human resources department or management. By doing so, you are bringing the issue to the attention of those with the power to make a change. It is crucial to approach this step with clarity and professionalism .

When reporting the unfair treatment, make sure to present your concerns in a clear, concise, and factual manner. Provide specific examples and incidents that demonstrate the unjust behavior you have experienced. By substantiating your claims with evidence you have gathered, you create an undeniable case for change. Remember, when you report unfair treatment, you are not just advocating for yourself but for fairness in the workplace as a whole.

Seeking Legal Advice and Protection

In some instances, unfair treatment may cross legal boundaries and breach workplace regulations. If you find yourself in such a situation, it is prudent to seek legal advice to protect your rights and interests. Consulting with a legal expert who specializes in employment law can provide you with valuable guidance on the necessary steps to pursue justice.

A legal expert can help you understand the legal implications of the unfair treatment you have endured and provide you with advice on how to navigate the legal system. They can assist you in gathering additional evidence, filing a complaint with the appropriate authorities, and representing you in legal proceedings if necessary. Seeking legal protection ensures that your rights are upheld and that accountability is established for the unfair treatment you have faced.

Exploring Alternative Dispute Resolution Methods

Beyond the legal realm, alternative dispute resolution methods can also provide avenues for resolution. Mediation and arbitration are two commonly used methods that offer a neutral ground for discussions to take place under the guidance of an impartial third party.

Mediation involves a mediator who facilitates communication and negotiation between the parties involved in the dispute. The goal is to find a mutually agreeable solution that addresses the unfair treatment and allows for the rebuilding of relationships within the workplace. This process can be particularly useful when there is a desire to maintain working relationships and find common ground.

Arbitration, on the other hand, involves an arbitrator who acts as a judge and makes a binding decision on the dispute. This process is more formal and resembles a court proceeding. Arbitration can be a viable option when reaching a resolution through negotiation seems unlikely or when there is a need for a final and enforceable decision.

Exploring these alternative dispute resolution methods can provide you with an opportunity to resolve the unfair treatment situation outside of the traditional legal process. It allows for open dialogue and the possibility of finding a resolution that satisfies both parties involved.

Remember, taking action against unfair treatment is not only about seeking justice for yourself but also about promoting fairness and equality in the workplace. By standing up against injustice, you contribute to creating a working environment where everyone is treated with respect and dignity.

Coping Strategies for Dealing with Unfair Treatment

Developing resilience and self-care practices.

Dealing with unfair treatment at work can take a toll on your mental and emotional well-being. Developing resilience and self-care practices can help you navigate the stormy seas and emerge stronger. Remember, just like a tree bends with the wind but remains rooted in its strength, you too can adapt and grow amidst adversity.

Seeking Emotional Support from Friends and Family

During challenging times, leaning on the support of loved ones can provide solace and encouragement. Share your experiences with trusted friends and family members who can provide a listening ear and offer valuable insights. Together, you can weather the waves and emerge stronger on the other side.

Engaging in Stress-Relieving Activities

Engaging in activities that bring you joy and release stress can act as a balm for the wounds inflicted by unfair treatment. Whether it’s immersing yourself in a captivating book, going for a long run, or practicing mindfulness meditation, find what soothes your soul and allows you to regain balance and inner peace.

9 Ways to Deal with Unfair but Not Illegal Treatment at Work

Facing unfair treatment at work that may not necessarily cross legal boundaries can be challenging. However, there are innovative approaches to address such situations effectively. Here are nine key points to help you deal with unfair but not illegal treatment at work:

• Keep a daily work journal documenting interactions, tasks, and any instances of unfair treatment. This can help you spot patterns and provide evidence if needed.
• Approach your HR department or a trusted mediator to address the issues. They can facilitate discussions between parties and help find common ground.
• Encourage a culture of feedback within your team or organization. 360-degree feedback allows coworkers to provide input on your performance and behavior, fostering a more balanced perspective.
• Build strong relationships with colleagues who can advocate on your behalf. When peers support you, it can influence others to treat you more fairly.
• Invest in improving your communication and conflict resolution skills. Adeptly handling disputes and conversations can help diffuse unfair situations.
• Join or create employee resource groups (ERGs) focused on diversity and inclusion. These groups can offer support and help address systemic issues of unfairness.
• Openly discuss your concerns with your supervisor, focusing on solutions and compromises that promote equitable treatment.
• Evaluate if transferring to a different department or team within your organization is feasible. Sometimes, a change of environment can alleviate unfair treatment.
• Invest in improving your skills and knowledge to enhance your professional value. This can lead to new opportunities and may reduce reliance on a hostile work environment.

Dealing with unfair but not illegal treatment at work requires a proactive and solution-oriented approach. By documenting incidents, seeking mediation, and building a supportive network, you can work towards a more equitable work environment. Remember, your well-being and career growth are worth advocating for, even in situations where the treatment may not be legally prohibited.

In conclusion, unfair treatment at work is a challenging obstacle to navigate, but it should never define your professional journey. Recognize the signs, address the issues head-on, and seek support when needed. By taking action and implementing coping strategies, you can begin to shape a workplace that emphasizes fairness, inclusivity, and equality. Remember, the journey towards a fairer workplace starts with you.

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For Women and Minorities to Get Ahead, Managers Must Assign Work Fairly

• Joan C. Williams
• Marina Multhaup

Who’s booking the conference room? Who’s pitching the client?

Some assignments can set you up for promotion — this is the  glamour work . Other assignments are necessary but unsung — this is the  office housework . Research shows that women and people of color are much more likely to get housework-type assignments than to get assigned to glamour work. Managers and executives have to fix this imbalance if they’re going to make progress on corporate diversity goals. To do that, start keeping track of how projects are assigned in your organization. Managers can identify what the office housework is in their department and who is doing it, and spread out these humdrum assignments more evenly. For new glamour work assignments, consider  all  eligible employees, not just the ones who come to mind first or who ask to do it. Senior executives and HR leaders can help hold middle-managers accountable for making progress. The result will not only be a system that is fairer for women and minorities, but for all employees.

Organizations have been trying to improve diversity in the workplace for decades — with little success. The most common techniques, such as one-time sensitivity trainings, haven’t worked . The numbers of women and people of color in leadership roles are still staggeringly low across industries. Also well documented are the high rates of turnover for women, especially women of color.

• Joan C. Williams is a Sullivan Professor of Law at University of California College of the Law, San Francisco and the founding director of Equality Action Center. An expert on social inequality, she is the author of 12 books, including Bias Interrupted: Creating Inclusion for Real and for Good (Harvard Business Review Press, 2021) and White Working Class: Overcoming Class Cluelessness in America (Harvard Business Review Press, 2019). To learn about her evidence-based, metrics-driven approach to eradicating implicit bias in the workplace, visit www.biasinterrupters.org .
• Marina Multhaup is a former Research & Policy Fellow for the Center for WorkLife Law at the University of California, Hastings College of the Law.

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What is Conflict Resolution in Nursing? (With Examples, Stages, Types, & Importance)

Have you ever felt the stress and tension caused by conflict at work? No matter your position or work setting, at some point, everyone experiences workplace conflict. In nursing, knowing how to identify causes of conflict and remedying them is essential to providing high-quality patient care and improving patient and organizational outcomes. Perhaps you have heard the term conflict resolution but wonder, “What is conflict resolution in nursing?” You may ask, “What can I do to help promote conflict resolution in nursing?” In this article, I will explain what conflict resolution in nursing is and give some insight into why it is so important. As you continue reading, you will learn about various stages and types of conflict nurses experience, find examples of common conflicts in nursing, and learn ways to resolve them.

What Exactly is Conflict Resolution in Nursing?

3 reasons why conflict resolution is so important in nursing, reason #1: effective conflict resolution boosts employee morale, reason #2: improved patient outcomes, reason #3: conflict resolution promotes effective and safe care delivery, 5 main types of conflicts in nursing, t ype #1: ethics/values-based conflicts, type #2: task-based conflicts, type #3: ego-based conflicts, type #4: interpersonal conflicts, type #5: issue-based conflicts, 5 stages of conflict resolution in nursing, type #1: latent stage, type #2: perceived stage, type #3: felt stage, type #4: manifest stage, type #5: aftermath stage, 6 effective strategies for conflict resolution in nursing, strategy #1: obliging, strategy #2: avoiding, strategy #3: competing, strategy #4: compromising, strategy #5: collaborating, strategy #6: modeling, what are the most common conflict resolution examples in nursing, example #1: unfair work assignments, resolution:, example #2: overlapping roles, example #3: ethical dilemmas, example #4: poor team dynamics, example #5: staffing ratios, example #6: ineffective communication, example #7: lack of leadership or managerial support, example #8: limited resources, my final thoughts, list of sources used for this article.

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How do I deal with constant unfair load distribution?

I've been working with a boss for 3 years now. About a year and half back, as the workload increased, we got another resource into our team. I and this guy share the workload together. We are partners. It means that we both need to complete a chunk of work together. If one is slacking then the other needs to finish it.

However, since the time he's joined I've been seeing that I get assigned the majority of the work and I'm kept burning at 100% at least. I'm usually at 100-120% throughout the year with absolutely no breaks. While this guy gets assigned the bare minimum because he's extremely incompetent. He cannot get the task done properly. Also he lies outright about how much work he's done and is very manipulative. He omits particular words so as to give an impression of having done more work. Sometimes he takes credit for work that was done by some other team. And my boss for some reason chooses to ignore it.

Overtime I had been burning out. I don't get a single day in the year when the work is less. So I started hinting to my boss about his lack of work and the high pressure on me. It didn't make a difference so I started having a 1-1 meeting with him and explaining to him, pointing out the proof of what work I was doing and what he was doing. I did these for a couple of times. It still made no difference. So one day I called him into a meeting room and had a heated venting out because I could not tolerate this anymore. Since that day he's changed. He now does assign more work to my colleague.

However, in spite of all this I still see that I'm always kept busy at 100-120% while my colleague is allotted only 50% of the day. And this really makes me angry. If he takes a proper share of work then I can stop burning out.

So my question is what is the proper way to resolve this? It's not like I'm completely overloaded with work. But it's just that there is non-stop work for me. While this guy chills out sitting right next to me on Facebook, YouTube and other websites. I literally see him surfing the whole day.

• 5 It looks like you have tried all the possible ways to change the situation. Probably this is the time you want to look for another job. –  samarasa Commented Aug 5, 2015 at 15:40
• 1 This might be something that your boss is already aware of, and when it comes to pay reviews he is already taking action by recommending more money for you than the other guy - and he wouldn't let you know, because it wouldn't be professional for him to share an evaluation of another employee with you. That said -if he has never stated how much your work is valued, then that might be something else. –  HorusKol Commented Aug 5, 2015 at 23:27
• @samarasa Although I do feel like giving up at times, I feel that the boss has a few really redeeming qualities, for example, when I talk about something (related to the job) he listens to me. He takes responsibility according to his post (making decisions) which not one of my previous bosses had done. He's my 12th boss and the best one so far. Judging by the stats I'm inclined to not switch jobs and accidentally end up with an a***ole. –  Mugen Commented Aug 6, 2015 at 6:30
• @HorusKol Well, in my company the ratings are out of a 5 point scale (whole integers only). So more or less you know everyone's rating around you (everyone gets a 3). Judging by that I'm expecting that there wouldn't be much difference. But yes, at times he does acknowledge my work being of a good quality and how annoying the colleague is. That feels good, no doubt. –  Mugen Commented Aug 6, 2015 at 6:34
• 2 good work is rewarded with more work. An important lesson to learn. If getting more than 100%, see where the extra load is coming from. Do you take over that other guy's tasks? Don't. Do others come to you to get the job done, which is the other guy's assignment? Stop that. Is your reward appropriately reflecting your work results? If no, ask for a raise. –  michi Commented Dec 9, 2016 at 10:16

3 Answers 3

So my question is what is the proper way to resolve this? It's not like I'm overloaded with work. But it's just that there is non-stop work for me. While this guy chills out sitting right next to me on Facebook, YouTube and other websites.

If you aren't overloaded, but you are working non-stop, then I'm not quite sure there is a real problem to be resolved here. At work, you are supposed to work, not have periods of time where you aren't working so that you can chill out. You seem to feel the same based on your characterization of your coworker.

Still, if you feel you must "resolve this", you should talk with your boss.

But when you do, don't focus on your coworker. Instead, focus on yourself. Point out what your non-stop work prevents you from doing that you feel you should be entitled to do. Point out what training you could take, what expanded duties you could take on, etc.

You've already vented about the unfairness that you couldn't "tolerate" any longer, so your manager knows your feelings. Don't rehash those complaints - clearly they are a waste of time and will only make you come across as a whiner.

If I had to make a bet, I'd bet that you will be rewarded more than your under-performing coworker. Perhaps you are paid more now, perhaps you'll get better annual reviews, perhaps you'll get more choice tasks and projects. Managers usually aren't stupid, they expect more of better workers, but they also reward them more often.

But if after all of that you still cannot "tolerate" this unjust situation any longer, it might be time for you to consider seeking a different company. If you do, work hard to find a job and culture where everyone is treated exactly the same so that you are no longer "pricked out". In my experience, unequal work loads are the rule, rather than the exception. So look hard before you jump - you don't want to end up in another frustrating job, and have to go through this all again.

• 7 +1 for "focus on yourself" - it's all about the value you bring and whether you feel suitably compensated - the only time it's about the other guy is when he's stopping you from doing your job –  HorusKol Commented Aug 5, 2015 at 23:42
• Yes, if I'm loaded with 100% then there's no reason to complain. I get that. This is exactly the reason that I don't know how to resolve it further. It's just that seeing this leech sitting next to me, his rude holier-than-thou demeanor, his constant poison spouting about other people, the overly slow mannerism and the sly attitude pisses me off that he's getting by doing so little work when his work is of a lower quality. I have a better quality of work, people from neighbouring teams come to me with questions and yet the reward is more work. Something just doesn't feel right. –  Mugen Commented Aug 6, 2015 at 6:38
• 3 @Mugen Ignore the other. As Joe writes, people will value you both for what you do. Frankly speaking, there is something to investigate with yourself : why are you so triggered by your colleague? Not that that is wrong, but it might give you a worthwhile insight and some breathing space. –  user8036 Commented Dec 7, 2016 at 8:09
• @JanDoggen It's been a long time and I've moved onto a different team. As for that guy who was slacking off, surprisingly he quit the company after 2 years of doing nothing. Thank you for the perspective in your earlier comment. In the long term, I'm realizing that it's always better to figure out what provokes you and work on those points to get more "freed up" internally. –  Mugen Commented Jul 11, 2019 at 6:28

Is the work he's not doing making it harder to get your work done?

If his laziness means you can't get your work done, then it's fair to go to your boss and explain that you need X from him, and haven't gotten it, and you need it in order to complete Y. Then ask how you want him to handle that.

If it's just an unfair work distribution, then there might be other things going on behind the scenes that you don't know about. Perhaps he is doing something else the boss needs instead. Perhaps he is working more efficiently and getting the same amount of work done and the boss is good with that. He might be on probation because of his lack of work and close to losing his job. Your boss might not be a great boss, and figure if the work is getting done, he doesn't care if it's an equal load. There are all sorts of reasons. But the issue is for your boss to handle, not you.

You should do your work and not pay so much attention to his. However, don't do extra work and burn yourself out -- do as good of a job as you can do while still keeping healthy.

• We don't have any work dependency. We are assigned individual modules. However, there is this culture of rewarding good work with more work. My boss acknoledges my good work and on rare times he tells me that he doesn't want to assign the work to the other guy because he doesn't do quality work. –  Mugen Commented Aug 6, 2015 at 6:41
• 5 @Mugen, in all companies the reward for good work is more work. It also is how you get the skills to move up to better jobs, how you get higher payraises , etc. Be happy your boss is happy with your performance. Don't worry about this guy, he is on the road to be fired unless he has high political contacts (and then worrying about him is even less fruitful). Sometimes things are happening behind the scenes that they can't tell you. You would not know if he is on a performance improvement plan, for instance. –  HLGEM Commented Aug 6, 2015 at 21:09
• An update: My boss left the company and the new boss took a look at the tasks assigned. He was amazed at the amount of tasks that I had been loaded with and that my colleague hardly had tasks assigned. He confirmed directly to me that it was an extremely unfair load distribution and helped me out balance out the load. I feel that it's not okay to just assume that the boss is doing the right thing. Especially since I directly reported it in my question . –  Mugen Commented Oct 10, 2019 at 5:28

In addition to the sound advice given, I'd first suggest that you document everything. While your comment states that you don't have work dependency it does seem that you are on a team of sorts with this guy as you do receive kindred tasks. Having a trail of your output and assignments will make it easy for you later on, should you need something to point to. Someone above surely has the record of your peer and can connect the dots on their own.

A lot of your current sentiment is expressed as complaining and a result of arguably unwarranted comparison. This may stem from feeling that you receive equivalent compensation as the other 'incompetent' guy but you have no way to know that. Perceptions matter, so your first initiative should be to re-envision your current problem in terms of yourself alone.

It's evident you feel overworked and/or underappreciated, but what is your goal? Would the ideal amendment be a raise? Increased work flexibility? Limited workload? You should take some time to figure this out exactly and bring it up to your manager during assessment or a meeting.

Here's the divergence to the current advice, while you take the time to figure out exactly what bothers you, you should consider what you can do alone to improve your situation. There's not enough information to know, but consider, perhaps, that the other guy simply manages expectations better, and allows himself time for flexibility.

e.g. If a task takes 3 hours, you state it will take 3 hours and give yourself little time for flexibility and feel stress to perform at 100% all the time and burnout. Whereas the other guy may state 9 hours and finish in 6, he did less than you could but over delivered on his estimate all while having much more time to begin with. Something to consider.

• "from feeling that you receive equivalent compensation as the other 'incompetent' guy but you have no way to know that." This statement makes me feel that you're also implying that if a person earns a higher salary than his co-worker then it means that he should also be working more. Are you implying this? –  Mugen Commented Jul 4, 2019 at 7:38
• Definitely not in those terms. Output and total contribution are what matter. How much effort required on an individual level isn't necessarily representative of that and if this contribution isn't visible the perception may remain indifferent. More responsibility, being a "top contributor," and generally performing at 'the next level' align with promotions and thus also salary. –  Legato Commented Jul 8, 2019 at 21:05
• 1 In general, at the time of this post my primary goal was to have you focus on the self rather than making comparisons to others. If you contribute significantly, especially at a rate exceeding your requirements / job description / level, and can make this fact quantifiable to management, it's absolutely a case for a raise and / or promotion. –  Legato Commented Jul 8, 2019 at 21:09

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Employment Discrimination

Updated October 2021 View or Download PDF

Other Languages:

Discriminación en el Trabajo  –  Spanish (2016)

This memo begins by answering

• Basic questions about employment discrimination,
• How to assess your claim, and
• The steps you may be able to take

What follows are details about specific laws and a quick reference chart giving basic information. Finally, resources for more information and legal help are listed.

If you are a victim of employment discrimination, you may find it helpful to talk to an employment lawyer. Employment law is complex. A lawyer will be able to answer questions and help you assess your situation based on knowledge of the law. See “ What Should I Know about Working with a Lawyer? ” below.

Also see the Legal Voice publications  How to Find a Lawyer and Other Legal Resources in Washington State  as well as  Working with a Lawyer .

What is Employment Discrimination?

Employment discrimination means that you are being treated unfairly by your employer in a way that violates a federal, state, or local law. The unfair treatment must be based on characteristics like your age, gender, race, religion, etc. The unfair treatment can include things like hiring, firing, pay, job assignments, promotions, training opportunities, etc.

Some examples of employment discrimination:

A hotel refuses to hire a qualified job applicant because of the applicant’s perceived race or national origin.

A department store manager offers training and mentorship opportunities to a younger employee but doesn’t offer these opportunities to an older employee because the manager thinks the older employee is “too old.”

An employee of a coffee shop is fired because she is pregnant.

A bank’s dress code requires female tellers to wear short skirts and high heels, while the male tellers must wear long pants, collared shirts, ties, and low shoes. 

A black employee subjected to negative racial remarks and jokes in the workplace. The employee reports the racial remarks and jokes to the employer, but the harassment continues. 

An employer fires a Latino employee for an error in his work performance, but does not fire non-Latino employee who make the same error.  

For more information specifically about sexual harassment, see the Legal Voice memo  Sexual Harassment at Work . 

How Do I Know If My Employer Is Breaking the Law?

To find out whether the unfair treatment you are experiencing is against the law, you will need to know:

• Are you an employee or an independent contractor?
• Are you a member of a “protected class”?
• Is there a state, federal, or local law that protects against discrimination against your protected class?

The information in this publication will help you answer these questions. 

What Can I Do If My Employer IS Breaking the Law?

To find out what steps you can take against employment discrimination, you will need to know:

• Key facts about your employer, such as who they are, what they do, how many employees are in your workplace, etc.;
• Any agreements, rules, or policies specific to your employer that might affect your options – an employment contract, for example; and
• Any deadlines that might affect your claim. (The information in this memo will help you answer this question.)

What If I Am an Undocumented Worker?

Most labor and employment laws apply to undocumented workers, including laws against workplace sexual harassment. Undocumented workers, however, sometimes cannot get lost wages for claims of employment discrimination.

If you work with a lawyer, your lawyer should keep your immigration status confidential. The “attorney-client privilege” means that your lawyer must not tell others anything about your case, including your immigration status, unless you give the lawyer permission. There are a few narrow exceptions to this rule. You should also talk to your lawyer about legal ways to keep others from finding out about your immigration status. A lawyer will probably be able to make sure people involved in your employment discrimination case do not find out about your immigration status.

In a few situations, you might qualify for a “U visa” if you are a victim of workplace sexual harassment. U visas are for victims of crime who help with law enforcement investigations. With a U visa, you would be able to stay in the U.S. legally. 

The Northwest Immigrant Rights Project (NWIRP) answers questions about immigration. The website is  www.nwirp.org . Click on “Get Help” for a list of phone numbers. 

Assessing Your Claim 

What Is a Protected Class?

A “protected class” is a group of people with a specific characteristic like age, gender, race, religion, veteran status, disability, sexual orientation, etc., that cannot be targeted for discrimination because of that characteristic.

Most discrimination laws include a list of the protected classes they cover. See the chart on page 17 for a summary of federal and state anti-discrimination laws, including which classes are protected. You may be protected by more than one law (what to do in this situation is discussed below).

If you file an employment discrimination complaint, many laws automatically protect you from retaliation by your employer. See “What If My Employer Retaliates Against Me?” below.

How Do I Know Which Laws Apply to Me?

The charts listed at the end of this memo summarizes how some discrimination laws work, including: 

What agency or agencies enforce the law;

Which workplaces are covered by the law; 

What classes are protected; and 

What the deadlines are for filing a complaint with each agency. 

You can use this chart to help figure out which laws cover your situation and where you can go from there.

What If More than One Law Applies to Me?

Some situations are covered under both state and federal law and some are only covered by one. If your situation falls under more than one law, in most cases, a work sharing agreement between the state and federal agency allow one agency to investigate your claims. When you contact the agency to file a charge, let the agency representative know that you believe your situation is covered by more than one law.

How Does the Complaint Process Begin?

A discrimination complaint (also known as “charge”) is typically filed with a government agency. The federal agency is the U.S. Equal Employment Opportunity Commission (EEOC), and they handle federal law charges. Washington’s agency is called the Human Rights Commission (HRC), and it handles state charges.

In Washington, the HRC can help get your complaint to the right place under its work-sharing agreement with the EEOC. For instance, if you file your complaint under federal law at the EEOC but it is also covered by state or local law, the EEOC may also contact a state or local agency that is capable of handling your complaint. If you file a complaint under state law with the HRC and the complaint is also covered under a federal law, the HRC might refer it to the EEOC. If you file a complaint with a local agency, that agency can investigate any state and federal violations as well.

You may want to file a complaint with the agency that has the shortest wait time. Call each agency and ask them how long you will have to wait for your complaint to be reviewed. You may have other factors to consider when deciding which law and agency to use. If possible, talk to a lawyer. A lawyer will work with you to create the best legal strategy depending on your particular situation.

What If My Employer Has Policies about Reporting Discrimination?

If your employer has personnel policies that include a procedure for reporting discrimination or harassment, you should follow that procedure. You may be able to solve the problem within your company without filing a formal discrimination complaint with the government.

Even if you don’t believe it will solve your problem, you should follow your employer’s procedure as soon as possible after the harassment or discrimination occurred. If you don’t, it can create problems later. For example, if you end up in court, you might have to show that you tried to follow your company’s policies and procedures before filing a lawsuit.

Your employer’s reporting policy can usually be found in an employment handbook or policy manual. If you do not have a copy, ask your employer for one. Even if your employer does not have an official policy about filing a complaint in writing, you should still give a brief written summary of your complaint to your employer (i.e., your boss, supervisor, or human resources department).

What If I Am a Union Member?

If you are a member of a union, you may have rights and protections under your union contract that are even stronger than those under the law. If you believe you have been discriminated or retaliated against, contact your union representative to find out if your union can help you. Time limitations vary and are often short, so contact your union as soon as possible. 

What If I Have a Written Contract with My Employer?

Some non-union employees have individual, written employment contracts with their employers which give them more rights. For example, some employment contracts say that an employee can only be terminated for specific reasons and that, in the event of a termination, certain procedures must be followed. If you think you might be a party to such an agreement, make sure to mention that when you talk to a lawyer or when you write your complaint.

What If I Have an Arbitration Agreement with My Employer?

Some employers make employees sign agreements stating that if the employee has any legal claim against the employer, including discrimination, the employee may not sue the employer in court. Instead, the employee must use the employer’s arbitration process.  Arbitration is a way to resolve legal disputes outside of court. A private lawyer acts as the arbitrator (similar to a judge in court). The arbitrator will make the final decision about how to resolve the dispute. Arbitration agreements are allowed unless the employer has set up an arbitration process in a way that is biased toward the employer or in some way attempts to change the law.

If you think you have been illegally discriminated against at work, it is important to figure out if you signed an arbitration agreement. Your employer can ask you to sign an arbitration agreement at any time. But usually they are signed along with other employment documents when an employee is first hired. The arbitration agreement might even be included in your employee handbook. Often, arbitration agreements have their own unique procedures and timelines, which should be outlined in the agreement. If you signed an arbitration agreement, talk to a lawyer as soon as possible. A lawyer will help you find out if you have to go through with arbitration and, if you do, help you follow the required procedures.

IMPORTANT: As of 2022, your employer cannot make you take sexual harassment or sexual assault claims into arbitration. Contracts to arbitrate such claims are not enforceable. This exception only applies to sexual harassment and sexual assault – both forms of gender discrimination –  not to other forms of discrimination, like racial discrimination.

What If My Employer Retaliates Against Me? 

If your employer fires or disciplines you at work because you make a claim for employment discrimination, you can also bring a claim for retaliation. Under most federal, state, and local discrimination laws, it is illegal for an employer to retaliate against anyone who 

Files a charge of discrimination;

Assists in the investigation of such a charge; or 

Opposes discriminatory employment practices. 

To prove a retaliation claim, you will need to prove that your complaint was a major reason why your employer treated you unfairly at work. Called “adverse employment actions,” unfair treatment can include taking away job responsibilities or privileges; taking favorable work assignments or preferred customers away from you and giving them to another employee; excluding you from staff meetings; assignment to a less favorable office environment; reassignment that requires a longer commute; hostility by co-workers; preventing your access to necessary work information; downgrading job status or performance evaluations; denial of job promotion; denial of overtime hours or a full work week; assignment to an undesirable work schedule; frequent staff or shift changes; refusal to assign meaningful work; unwarranted and unsubstantiated letters of reprimand or discipline; reduction in pay; suspension; termination (being fired).

If you have been retaliated against, contact the EEOC, the HRC, and/or your local city or county agency.

Filing Your Claim 

How Does the Claim Process Work?

It depends on which law and agency you are using, but here are the steps you may encounter:

1. You file a formal administrative complaint with an agency.

2. The agency decides whether to investigate.

a. The agency investigates and decides whether there is “reasonable cause” to believe the employer has violated the law (the decision is called a “determination”).  If the agency makes determination in your favor, the agency may offer mediation.

b. The agency declines to investigate.

3. Whether or not the agency makes a “reasonable cause” finding, you may file a lawsuit.  

4. After you file a lawsuit, the parties to the lawsuit (you and your employer) exchange requests for information and documents, and each party can gather sworn testimony from witnesses. 

5. Your case is either: 

a. Decided by a judge or jury;

b. Dismissed by the court; or

c. Resolved through a settlement.  

The losing party usually has an opportunity to appeal the court decision (but not a settlement). 

What Is an Administrative Complaint?

An administrative complaint is a formal, written complaint to an anti-discrimination law enforcement agency. There are both federal and state agencies set up to process employment discrimination complaints. These agencies are the first stop for most employment discrimination cases. 

Why Should I File an Administrative Complaint?

In some situations, you have to file an administrative complaint first in order to file a claim in court. For example, you must first file an administrative complaint with the EEOC if you want to file a Title VII claim in court.

In other situations, it is not necessary but can be helpful to begin with an administrative complaint. For example, if you want to file a claim in court using the Washington State Law Against Discrimination, you may want to start with an administrative complaint to the HRC because they can, for instance, help you with your EEOC complaint if you want to use both state and federal laws. Another reason to consider starting with an administrative complaint is you might be able to resolve your employment claim through agency mediation. Through agency mediation, you may be able to avoid filing a lawsuit. 

However, if the agency’s investigation and mediation process will take too long, they may skip ahead and give you a “Right to Sue” letter or otherwise give you the permission you need to file a claim in court.

How Does an Administrative Complaint Work?

Review the appropriate agency’s website for information about filing a complaint. (See the chart at the end of this memo for web addresses.) Then contact the appropriate federal, state, or local agency and speak to an intake officer or counselor. The intake officer will speak with you in person or over the phone to determine if that agency can help. The intake officer will explain the law, listen to your issues, and help you understand whether or not there is a legal basis for filing a formal complaint. Intake officers will return voice mail messages if you leave your name and a phone number where they can reach you.

Remember, if both federal and state laws apply to you, you get to choose which agency to use. You may want to find out which agency has the shortest wait time. When you call the intake officer, ask them how long you may have to wait for your complaint to be reviewed. 

If you decide to file an administrative complaint, be sure to include the following information:

• Your contact information including your name, address, and telephone number;
• The name, address, and telephone number of the offending employer, employment agency, or union;
• The number of persons your employer employs;
• The basis of discrimination (the protected class(es) relevant to your situation);
• A short description of what happened that made you feel you were being discriminated against;
• How you were affected; and
• The dates when the discrimination occurred. 

Gather evidence  of the discrimination such as copies of all documents, letters, answering machine messages, and emails that may relate to the discrimination. WARNING: Be mindful of your employer’s confidentiality policies. Check your company handbook or manual to be sure you are allowed to print documents or emails, or forward email to be printed later. If that is against company policy, those documents might be inadmissible as evidence.

Keep notes and records of any related incidents, the dates, times, words used, and the actions or conduct that you believe is discriminatory. Do this on your own time, NOT while you are “on the clock” at work.

Make a list of people involved and all witnesses to the incidents. Do this on your own time, NOT while you are “on the clock” at work.

While you do not need to gather all of your evidence for nor include it all with your administrative complaint, be sure to give the agency all the evidence when it begins its investigation. 

What Happens During the Investigation?

After receiving your complaint, the agency will begin an investigation. The agency will ask the employer for a statement in response to your complaint. You will usually be interviewed. Cooperate with the investigator and provide all the evidence you have. Tell the investigator where to go, which people to talk to, and where to look for relevant documents. The investigator may get sworn statements from your employer and may interview witnesses. If the investigator leaves you a voicemail or writes you a letter, respond promptly. If your phone number or address changes, notify the agency right away.

What Happens after My Complaint Is Investigated?

Once the investigation is complete, the investigator will decide whether or not you have “reasonable cause” to believe discrimination occurred. If the investigator decided that you DO have reasonable cause, the agency will help you and your employer try to settle the case. In some rare cases, the agency will go to court on your behalf. But usually the agency will simply notify you of its decision and of your right to file a lawsuit.   If the investigator decides that you DO NOT have “reasonable cause,” the agency will notify you in writing of your right to file a lawsuit.  Carefully read the notice right away because you may be able to appeal the agency’s decision, and you may only have a short time to appeal. 

For EEOC charges, you will be notified in writing of your right to file a lawsuit with what is called a “90-Day Right to Sue” letter.  To preserve your federal claim, you must file a lawsuit within 90 days of the Right to Sue letter.   If you do not already have a lawyer, you should talk to an employment lawyer immediately so that he or she has time to evaluate your case before the deadline.  A lawyer can help evaluate your claim, identify settlement options, and determine whether to go to court.  For employment discrimination cases, a lawyer may agree to work with you on a contingency fee basis (the lawyer’s fee is taken out of any money you get from the lawsuit). See the Legal Voice publications listed under “Legal Help” in  Resources  at the end of this memo for more information about contingency fees.

At the time the agency’s investigation ends and you are issued the Right to Sue, you have the right to request the agency’s investigation file, which should include your employer’s responses to the investigators questions.   You should request the agency’s file right away; attorneys who evaluate your case will want to look at the agency’s file. 

What Can I Expect If I File a Lawsuit in Court?

The laws differ as to whether and when you can sue an employer in court. For this reason, it is important to talk to an employment lawyer as soon as possible before deciding what action to take. The lawyer can help you understand the pros and cons of filing a lawsuit versus taking a settlement. The lawyer can also help you avoid mistakes such as missing the deadline to file your claim.

Note that government agencies and courts do not act quickly. It often takes at least one or two years for a case to be resolved. Even arbitration may take many months. If you are prepared for delays, the process will be far less frustrating. In general, you have an obligation to search for other employment while you are waiting for the outcome of your case.

When and Where Do I File My Lawsuit?

It depends on which law you use. Below is a brief description of where to start with federal, state, and local laws. 

Federal Laws

If you believe that your rights have been violated under Title VII (seven), the ADEA, or the ADA, you must first file a complaint with the EEOC within 300 days of the act of discrimination. If you think your rights have been violated under one of these laws, you should contact the EEOC as soon as possible to confirm how much time you have to file your complaint. 

You can file a complaint and start working with the EEOC even if you are also trying to resolve the dispute in other ways, such as through your employer’s internal dispute resolution process. That way you will not miss the EEOC deadline if the other dispute resolution methods ultimately fail. If you miss the 300-day deadline, you may not be able to sue your employer under these federal laws nor get help from the EEOC. 

If you believe that your rights have been violated under the WLAD, you can file a complaint with the Human Rights Commission (HRC). A claim of discrimination must be filed within 6 months of the act of discrimination, and an employee may only file a complaint with the HRC if his or her employer has at least 8 employees. Unlike under federal law, if you miss the deadline or believe you have a wrongful termination claim not covered by the WLAD, you can still sue your employer under state law as long as you bring the suit within three years of the act of discrimination or harassment. 

To file a charge of discrimination with the HRC, contact the agency by mail, online, or in person. The HRC’s offices and telephone numbers, along with more information about how to file a complaint, can be found on the chart in this memo and at  www.hum.wa.gov . 

Seattle:  If you believe that your rights have been violated under the Seattle Employment Practices Ordinance, you may file a complaint with the  Office of Civil Rights  in the Seattle Human Rights Department. Your claim must be filed within 6 months of the act of discrimination. You may also file a complaint directly with the Superior Court within three years of the act of discrimination. 

King County:  Under the King County Ordinance, you may file a complaint with the  King County Civil Rights Program  within 180 days of the act of discrimination or within 180 days of when you should have been aware of the discrimination.

Pierce County:  Refer to your employment handbook or collective bargaining agreement to determine the appropriate grievance procedure for filing a complaint. See the  Pierce County Equal Employment Opportunity  webpage. Under Pierce County Policy, employees should consult their local Equal Employment Opportunity (EEO) officer, Americans with Disabilities Act officer, or Human Resources representative. It is advised you submit a complaint within 180 days, but the Court may still take remedial action even for complaints not brought within 180 days.

Tacoma:  Complaints are handled by the  Tacoma Human Rights Commission  and must be filed within 6 months of the act of discrimination. 

Snohomish County:  Employees have the right to file a complaint Intake Form with the County  Equal Employment Opportunity Office , and/or enforcement agencies such as the Equal Employment Opportunity Commission or the Washington State Human Rights Commission. Employees can file this complaint while also following their employer’s internal complaint process.

Spokane:  Complaints are handled by the  Spokane Office  of our state’s Human Rights Commission and must be filed within one year of the act of discrimination.

Other Local Anti-Discrimination Laws:  Other local laws may exist that provide you with additional rights. Contact your county or city offices to find out if it has a human rights office. If so, contact them for information.

What Will I Get If I Win in Court?

A few things could happen if the court agrees that your employer illegally discriminated against you. The court can order your employer to re-hire, reinstate, or promote you; pay you the dollar value of lost wages and benefits; pay you for damages, economic loss, and emotional distress; pay you punitive damages (federal claims only); and pay your attorney’s fees and costs. The court calls these “remedies.” The exact remedies available will depend on the law used and the facts of your case.

What Should I Know about Working with a Lawyer?

If you decide to talk to a lawyer at any point, there are several things you can do to help your lawyer serve you best.  

Come to meetings prepared. Do your research and write down specific questions so your lawyer can help you understand your situation better. 

Also, gather evidence such as emails, letters, contracts, or other documents related to the situation. Depending on your situation, you might also choose to create a list (often called a “log”) of all the dates and times when discrimination occurred. Also, try to write down facts you remember from each occurrence of discrimination. If the discrimination is still happening, write down facts and details like the date, time, who was there, and what was said and done after work while details are still fresh in your mind. Do not do this while you are “on the clock” at work.

Finally, be very honest with your lawyer, even if certain detail might make you feel embarrassed or ashamed. Your lawyer can help you best when she or he knows everything there is to know – the good and the bad – because every detail will be important to the legal strategy you and your lawyer create together.

For more information about working with a lawyer, see the Legal Voice publication   Working with a Lawyer .

Overview of Laws 

The information in this section will help you figure out which employment discrimination law or regulation might apply to your situation. This information is presented in two ways: first are written descriptions; second is  a quick-reference table  that includes contact information for enforcement agencies (regulations not included in the reference table; each law is numbered the same in both lists). 

1. Title VII of the Civil Rights Act of 1964 (Title VII) This federal law applies to private employers with 15 or more employees and also to federal employees. It prohibits these employers from discriminating against employees or job applicants on the basis of race, color, religion, national origin, sex, or gender identity. Sex discrimination includes sexual harassment, discrimination against pregnant women, and may include discrimination on the basis of caregiver or family responsibilities. (For more information about sexual harassment in the workplace, see the Legal Voice memo  Sexual Harassment at Work .) According to a growing body of court cases and EEOC decisions, LGBT individuals are protected from discriminatory action by the terms “sex” and “gender identity.” For more information, see  the EEOC website . 

Title VII also makes it illegal to retaliate against an employee if the employee complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Title VII also requires that employers reasonably accommodate applicants’ and employees’ sincerely held religious practices provided it does not impose an undue hardship on the employer. For more information, see  www.eeoc.gov/laws/guidance/best-practices-eradicating-religious-discrimination-workplace .

Title VII prohibits two types of discrimination:

• Discrimination when an employer treats an employee less favorably than other employees due to the employee’s race, color, religion, national origin, sex, or gender identity (“disparate treatment”), and
• Discrimination when an employer uses a neutral test or selection procedure that effectively excludes an employee due to the employee’s race, color, religion, national origin, sex, or gender identity (“disparate impact”).

The EEOC issued a notice providing guidance regarding discrimination based on caregiver responsibilities, which is prohibited by Title VII if the discrimination is based on sex or another protected characteristic. This type of sex discrimination can be proven using any of the types of evidence used in other sex discrimination cases. EEOC investigators who face a charge alleging this claim are instructed to examine all evidence to determine whether the particular action was unlawfully discriminatory. For more information, see www.eeoc.gov/policy/docs/caregiving.html .

In order to preserve your rights under Title VII, you must file an administrative complaint (a “Charge of Discrimination”) with the EEOC within 300 days of the last discriminatory act (if you live or work in Washington State). To learn how to file a Charge with the EEOC, visit  www.eeoc.gov/employees/howtofile.cfm .

Note that to file a claim for discriminatory pay practices, the limitations period resets with each new discriminatory compensation decision. Even so, you should file a complaint as soon as possible so that you are in the best position to recover all of your damages (see  www.eeoc.gov/laws/statutes/epa_ledbetter.cfm ).

For more information regarding Title VII, see  www.aauw.org/what-we-do/legal-resources/know-your-rights-at-work/title-vii/ . 

2. The Age Discrimination in Employment Act (ADEA) The ADEA applies to employers with at least 20 employees, and it prohibits age discrimination against persons over the age of 40. This law applies to hiring, termination, reductions in force, and other actions relating to the employee’s terms and conditions of employment. Note that in order to prove a claim under the ADEA, you must be able to prove that your employer would not have taken negative employment action in the absence of age considerations. Depending on an employee’s state employment laws, employees have either 180 days or 300 days to file a charge with the EEOC.

For more information, see:  www.eeoc.gov/laws/types/age.cfm  and  www.eeoc.gov/facts/age.html .

3. The Americans with Disabilities Act (ADA) The ADA applies to employers with 15 or more employees, and it prohibits employers from discriminating against employees on the basis of a disability. This law applies to job application procedures; the hiring, advancement, discipline or discharge of employees; employee compensation; job training; and other terms and conditions of employment. Note that ADA protection extends to a disabled employee only if the employee can perform the essential functions (i.e., the fundamental duties of his or her job) with or without reasonable accommodation.  

Under the ADA, an individual has a “disability” if they:

• Has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing or learning); 
• Has a history of a disability (such as cancer that is in remission); or
• If an employer believes the individual has a physical or mental impairment that is not transitory or minor.

Under the ADA, an employer is required to make reasonable accommodations for an individual with a disability as long as the reasonable accommodation can be provided without “undue hardship” to the employer, meaning that the accommodation does not require significant difficulty or expense.

If you have a disability and require accommodation, you must inform your employer of your disability and your need for accommodation, give your employer a reasonable opportunity to reasonably accommodate you, cooperate with your employer by providing information regarding your disability, and discuss and try proposed accommodations. Your employer is required to work with you (in an “interactive process”) to determine what accommodations are available and to try alternate accommodations if the first accommodation does not work. Although not required, it is recommended that you inform your employer of your disability and need for accommodation in writing. 

A good resource for possible ways to accommodate a disability (and to help provide suggestions to your employer) can be found here:  www.askjan.org  

a. The Older Workers Benefit Protection Act (OWBPA) The OWBPA is a division of the ADEA that prohibits discriminatory employee benefit plans, specifies requirements for early retirement plans, and imposes requirements on an employer if the employee who is over the age of 40 and is asked to release (or give up) ADEA legal claims the employee may have against the employer. This often comes up in the context of severance or settlement agreements. Among other requirements, this law requires that the employer give the employee money or other consideration in addition to that which the employee is already entitled, 21 days to consider the release before signing, and 7 days after signing to revoke it. If an employee is at least 40 years old and signed a release that does not meet all OWBPA requirements, he or she may be able to file a claim (as to any possible age discrimination—other claims may still be waived).

For more information on older workers benefits and severance agreements, see  www.eeoc.gov/policy/docs/qanda_severance-agreements.html . 

4. The Equal Pay Act The Equal Pay Act is a federal law that makes it illegal for an employer to pay women and men who perform “substantially equal work” at different pay rates on the basis of sex. This law applies to all employers.

“Substantially equal work” means work requiring substantially similar skill, effort, and responsibility performed under similar working conditions in the same workplace. Different pay rates for reasons other than sex – for example, a seniority or merit system, or a system that measures earnings by quantity or quality of production – are allowed.

For more information, see  www.eeoc.gov/eeoc/publications/fs-epa.cfm .

5. Section 1981 (42 U.S.C. 1981) This federal law prohibits discrimination in contracts on the basis of race. It applies to all public and private employers, including those with fewer than 15 employees. Since employment relationships are contractual (even if there is no written contract) this law applies to the making and enforcement of contracts and the terms and conditions of those contracts. There is no agency that enforces this law. You must file a lawsuit in court.  A lawsuit must be filed within either two years after the incident was discovered; or, if the discrimination was on purpose (versus unintentional), three years after the incident was discovered.

6. The Immigration Reform & Control Act of 1986 (IRCA) The IRCA prohibits employment discrimination on the basis of national origin and citizenship in the hiring and firing of employees. It applies to employers with at least four employees, but it does not apply if the employee is covered by Title VII or if the discriminatory act is required in order for the employer to comply with the law, regulation, or government contract.

For more information, see  www.eeoc.gov/laws/types/nationalorigin.cfm .

7. The National Labor Relations Act (NLRA) The NLRA protects workers who form, join, support, or assist unions, or those who act to decertify a union that has lost the support of employees. It also protects groups of 2 or more workers who engage in protected “concerted activities” (like seeking to modify wages or terms and conditions of employment), even without a union. Note that a single employee may engage in protected activity if he or she is acting on the authority of other employees, bringing group complaints to employer’s attention, trying to induce group action, or seeking to prepare for group action.

The NLRA forbids employers from interfering with, restraining, or coercing employees in the exercise of their rights as protected by the NLRA. Note that while workers who are not represented by a union have rights under the NLRA, not all workers are covered by the NLRA. For more information, see  www.nlrb.gov/rights-we-protect/employee-rights .

For questions about your work situation or to file a charge under the NLRA, contact your local National Labor Relations Board (NLRB) Information Officer. Your charge must be filed and served within 6 months of the event or conduct constituting the violation. For more information, see  www.nlrb.gov/who-we-are/regional-offices .

State & Local

Below is a summary of state-wide laws and regulations and some local anti-discrimination laws in Washington State (regulations are not included in the quick-reference table). This is not an exhaustive list of local laws. For information about all of your rights and for an evaluation of your claims, talk to an employment lawyer as soon as possible. See the Legal Voice publication  How to Find a Lawyer and Other Legal Resources in Washington State . ​

State-wide Regulations

​ Discrimination for Reporting Unsafe Conditions at Work or for Filing a Workers’ Compensation Claim It is illegal for an employer to discriminate against an employee for reporting unsafe conditions at work. It is also illegal for an employer to discriminate against an employee for filing a workers’ compensation claim or stating that he or she plans to do so.

If you have been discriminated against for reporting unsafe conditions at work, you must file a complaint with the Washington Department of Labor & Industries (L&I) within 30 days of the discriminatory act. Call 1-800-423-7233 for help with filing a complaint or fill out the complaint form:  www.lni.wa.gov/forms/pdf/F416-011-000.pdf . 

If you have been discriminated against for disclosing that you have filed a workers’ compensation claim or that you plan to file a claim, you must file a complaint with L&I within 90 days of the discriminatory act. Call (360) 902-6568 for help with filing a complaint or fill out the complaint form:  www.lni.wa.gov/Forms/pdf/F262-009-000.pdf .

Wrongful Termination Employees who are wrongfully terminated (fired) in certain specific situations that violate public policy may have grounds to sue their employer. These public policy actions have historically been allowed in four different situations:

• Where employees are fired for refusing to commit an illegal act;
• Where employees are fired for performing a public duty or obligation, such as serving on a jury;
• Where employees are fired for exercising a legal right or privilege, such as filing workers’ compensation claims or complaining about discrimination (even if the employer has fewer than eight employees); and
• Where employees are fired in retaliation for reporting employer misconduct (i.e., whistle-blowing). 

These grounds are only available upon termination; in other words, they are not available to employees who experience on-the-job discrimination such as harassment or failure to promote. Note that this type of claim only applies in extremely limited circumstances. Talk to an employment lawyer if you have questions about your claim.

Job Application and Interview Regulations Regulations issued by our state’s Human Rights Commission (HRC) specify types of questions that are considered discriminatory, which employers cannot ask in job applications or during job interviews. These include questions about age, children, marital status, pregnancy, and disabilities. These regulations also state that employers may not ask about an applicant’s arrests or criminal convictions unless it is reasonably related to job duties and the arrest or conviction occurred within the last 10 years. For more information, see  http://apps.leg.wa.gov/wac/default.aspx?cite=162-12-140 .  

State-wide Law

1. The Washington State Law Against Discrimination (WLAD) The WLAD applies to employers with 8 or more employees. It prohibits discrimination and harassment on the basis of race; creed; color; national origin; sex; honorably discharged veteran or military status; sexual orientation; age (40+); marital status; the presence of any sensory, mental, or physical disability; or the use of a trained dog guide or service animal by a person with a disability. Note that “creed” has been interpreted by Washington courts to include religious beliefs. For more information regarding the WLAD, see  www.hum.wa.gov/employment .

Under the WLAD, “disability” is broadly defined; it exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated. An employee must be able to perform the essential functions of their job with or without reasonable accommodation. For more information, see  www.hum.wa.gov/media/dynamic/files/206_Disability%20Q%20and%20A.pdf . 

Similar to the ADA, the WLAD requires employers to reasonably accommodate an employee with a disability who requires accommodation. To determine if you qualify for accommodation in employment, see  www.disabilityrightswa.org/reasonable-accommodations-employment . As with the ADA, you must tell your employer about your disability and your need for accommodation.

1a. Washington State Domestic Violence Leave Washington state requires employers provide reasonable leave from employment for employees who are victims of domestic violence, sexual assault, or stalking, or for employees whose family members are victims, to participate in legal proceedings, receive medical treatment, or obtain other necessary services. Employers cannot deduct any pay for this reasonable leave and must reinstate employees back to their original position or an equivalent position with equivalent benefits. 

Under these protections, employers may not discriminate by refusing to hire; discharging; or refusing to make a reasonable safety accommodation due to an employee’s actual or perceived domestic violence, sexual assault, or stalking.  

1b. Washington State Silenced No More Act

Effective June 9, 2022, in Washington employers cannot ask the employee to agree to not disclose or discuss conduct, or the existence of a settlement involving conduct that the employee reasonably believes to be illegal discrimination, illegal harassment, illegal retaliation, a wage and hour violation, sexual assault, or that is recognized as against a clear mandate of public policy  . Any agreement that contains such a provision is not enforceable.

1c. Washington Equal Pay and Opportunities Act  

This law makes it a misdemeanor to pay employees differently based on their gender. Under this same law, an employer can’t ask an employee to sign a nondisclosure agreement or waiver forbidding the employee from talking with others about their wages. The law also forbids employers from forcing job applicants to discuss previous salary or wage history.

2. King County Code Chapter 12.18 Chapter 12.18 prohibits retaliation and discrimination on the basis of race, color, religion, age, gender, national origin, ancestry, sexual orientation (and gender identity), marital status, and disability, or the use of a service or assistive animal by an individual with a disability. It applies to employers with 8 or more employees, employment agencies, and labor organizations that are located in unincorporated King County (in King County but not in a city). It also applies to the County as an employer.

3. Seattle Fair Employment Practices Ordinance Chapter 14.04 of the Seattle Municipal Code prohibits discrimination in employment on the basis of race, color, sex, marital status, sexual orientation, gender identity, genetic information, political ideology, age, creed, religion, ancestry, national origin, honorably discharged veteran or military status, or on the presence of any sensory, mental, or physical disability. Pregnancy is protected as a temporary disability. It applies to employers in Seattle with one or more employees, including the City of Seattle as an employer, employment agencies, labor organizations, printers, publishers, and broadcasters.

4. Pierce County Affirmative Action Plan Chapter 3.16 of the Pierce County Code prohibits employment discrimination on the basis of race, creed, religion, color, national origin, sex, sexual orientation, marital status, age, disability, veteran status; on the presence of any sensory, mental, or physical disability; or on the use of a trained guide dog or service animal by a disabled person. This ordinance applies to Pierce County employees only.

5. City of Tacoma Law Against Discrimination Chapter 1.29 of the City of Tacoma Code prohibits employment discrimination on the basis of race, religion, color, national origin, ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, honorably discharged veteran or military status, or disability. This law applies to employers within the Tacoma city limits that have eight or more employees, City of Tacoma employees, employment agencies, and labor organizations.

6. Snohomish County Code Chapter 3.57 Chapter 3.57 prohibits discrimination on the basis of race, color, national origin, sex, religion, marital status, age, sexual orientation, citizenship, veteran status, or on the presence of any sensory, mental, or physical disability. These protections apply to Snohomish County employees only.

7. City of Spokane’s Human Rights Ordinance Chapter 1.06 prohibits discrimination in employment on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, marital status, familial status, age, and disability. This protection applies to employers of eight or more employees within the city limits of Spokane, labor organizations, and employment agencies.

Complaints/Enforcement

Government enforcement agencies: See this chart  for contact information for government enforcement agencies.

General Information about Employment Law 

Legal Voice: Offers free and low-cost publications on a range of legal issues.

Family Leave Laws

Know Your Rights: Domestic Workers

Leave from Work for Survivors of Domestic Violence, Sexual Assault, or Stalking

Sexual Harassment at Work  

Pocket Guide to Worker Rights , WA Department of Labor & Industries

Washington Law Help: Free legal information and self-help forms on a range of legal issues in Washington State, including employment.

I Lost My Job. Do I Have Rights?

Your Rights and Responsibilities as an Employee in Washington State

​ WorkplaceFairness.org : A comprehensive online resource for information about worker’s rights.

Legal Help 

King County Bar Association : For information about free consultation with a lawyer in King County.

​Damages and Contingency Fees in Personal Injury and Discrimination Cases

How to Find a Lawyer and Other Legal Resources in Washington State

Working with a Lawyer  

Northwest Justice Project : For information about free and low-cost legal services, contact the CLEAR hotline. By phone: 

Low-income people outside King County: 1-888-201-1014

Low-income people in King County: 2-1-1

Seniors age 60 and over can also call CLEAR*Sr at 1-888-387-7111

Veterans: 1-855-657-8387

Tacoma-Pierce County Bar Association Volunteer Legal Services : Offers free legal help for certain legal issues, including federal discrimination law cases. By phone: Please leave one message and you will be contacted by an intake specialist within 48 hours: (253) 572-5134; 1-888-822-5134 (toll-free) By email: [email protected]  

This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of October 2021. Updated by Chloë Phalan and Juliana DeFilippis, 4/1/22 . Acknowledgments to Andrew Kashyap, Katherine Chamberlain, Arcadia Corbett, Terry Briscoe, and June Krumpotick for their work on previous versions of this memo. .

© 2022 Legal Voice

(Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non-commercial purposes only.)

• Equality and Discrimination
• Unfair treatment at work

Unfair treatment of an employee at work

Navigating and addressing unfair treatment in your business.

First published on Thursday, Jun 04, 2020

Last updated on Friday, Mar 08, 2024

Unfair treatment at work can have a devastating impact on employees. It can cause them to lose motivation, feel unappreciated, and it can even lead to legal action.

As an employer, it's your responsibility to make sure that your employees are treated fairly and with respect. By taking steps to prevent unfair treatment, you can create a happy and productive work environment, reduce employee turnover, and improve productivity levels and the overall success of your business.

So, let's explore the various forms of unfair treatment at work, how it can negatively impact your business and what steps can be taken to address and prevent it.

Understanding unfair treatment at work

Unfair treatment at work can take many forms, from subtle behaviours to blatant discrimination. In the context of employment, unfair treatment is not just a moral issue but also a legal one.

Here are some examples of unfair treatment at work:

• Discrimination
• Unequal pay
• Unfair promotion
• Any other exclusion that affects an employee's wellbeing or job performance

You'll need to familiarise yourself with the different types of unfair treatment to effectively address and prevent them.

Unfair treatment and employment laws

While it's not acceptable for anyone to be treated unfairly at work, it's even worse when it breaks the law. That's why it's important to have rules in place to prevent this kind of thing and deal with it immediately while complying with UK employment law.

Workplace bullying refers to any unwanted behaviour from an individual or group that makes your employee feel uncomfortable. While bullying itself is not illegal, it could lead to constructive unfair dismissal claims. And if such behaviour turns into workplace harassment, it can become a legal issue.

This is because harassment in the workplace is a form of discrimination, which is illegal under the Equality Act of 2010 .

What makes it harassment is when bullying or unwanted behaviour is related to any of the legally protected characteristics, which are:

• Gender reassignment
• Marriage and civil partnership
• Maternity and pregnancy
• Religion or belief
• Sexual orientation

As an employer, it is imperative to recognise and respect these characteristics to create a workplace that thrives on diversity and inclusion.

Failure to do so not only damages the morale of the affected individuals but also opens the door to legal repercussions, including claims that can be brought to an employment tribunal.

Legal compliance and following employment law

Adherence to employment law is non-negotiable for employers. Familiarising yourself with the Equality Act and other relevant legislation ensures that your business operates within legal boundaries.

Ignorance of the law is not a valid defence, and failing to follow the rules can result in severe consequences for your business.

Legal consequences

In cases where internal resolution is not possible or satisfactory, employees may choose to escalate the matter to an employment tribunal.

So, you need to be aware of the potential consequences of unfair treatment claims, both in terms of financial implications and damage to your company's reputation.

Taking reasonable steps to prevent unfair treatment

Employers are expected to take reasonable steps to prevent unfair treatment at work. This includes proactive measures such as implementing policies, conducting training, and creating an environment where employees feel safe and valued.

By demonstrating a commitment to preventing unfair treatment, you can build a positive work culture that attracts and retains top talent.

Constructive dismissal

If an employee feels that they have no choice but to resign due to ongoing unfair treatment, it may lead to a claim of constructive dismissal.

Constructive dismissal occurs when an employee resigns because the employer has breached the employment contract, creating an unsustainable working environment.

How to prevent unfair treatment at work

Instead of waiting for grievances to escalate to the level of an employment tribunal, employers should take a proactive approach to prevent unfair treatment in the first place.

This involves creating a company culture that values diversity, inclusion, and equal opportunities for all employees. To do this, it’s best practice to:

• Create and enforce anti-bullying and harassment policies
• Define unacceptable behaviour in company documents
• Provide mechanisms for reporting incidents
• Outline consequences for perpetrators

Clearly defined company policies

Establishing and enforcing anti-bullying and harassment policies is a crucial step in preventing unfair treatment. These policies should be well-documented in your employee handbook and should also outline your policies on discrimination, equal opportunities, and grievance and disciplinary procedures.

Just remember to clearly define what is unacceptable behaviour towards other employees, how to report instances of unfair treatment, and how the employee will be held accountable if they participate in unfair treatment.

Regular training sessions can also help raise awareness among employees about what constitutes harassment and the importance of fostering a respectful work environment.

The employee grievance procedure

Employees who believe they have been treated unfairly at work have legal recourse, which should begin with filing a formal complaint through your grievance procedure .

The grievance procedure is a structured process for employees to raise concerns about their treatment at work, providing a platform for you to investigate and address these issues.

The employee disciplinary procedure

Once a grievance of unfair treatment has been investigated you may have to take disciplinary action against the person who committed the unfair treatment. Your disciplinary procedure will shape the action that you take.

Speak to all possible witnesses, gather the facts of the case, and try to work out why the treatment is happening. Then hold a disciplinary hearing, so you can present the evidence to the employee who is accused of the unfair treatment and allow them to tell their side of the story.

The outcome might be that you give the offender a verbal or written warning. A final written warning can be given if it’s not their first offence or if they've failed to improve their conduct after a previous warning.

In cases where you deem the unfair treatment to be gross misconduct, you might decide to dismiss the employee.

Whatever course of action you decide to take, remember you must always go through fair procedures.

Addressing unfair treatment at the source

It's essential for you to address unfair treatment at its source. This involves promoting a culture of open communication, where employees feel comfortable reporting incidents without fear of retaliation.

Regular check-ins with staff members, especially with senior staff can help identify and address issues before they escalate.

Handling discriminatory social media posts

It's important to know that in the age of digital communication, social media can become a breeding ground for unfair treatment and discrimination.

You should establish guidelines for acceptable online behaviour and communicate the consequences of violating these guidelines to your teams.

It's crucial to monitor social media posts that may be derogatory or discriminatory, taking prompt action to address and rectify any instances of inappropriate online behaviour.

Recognising scenarios of being treated unfairly

Unfair treatment can rear its head in various scenarios, impacting the overall wellbeing of employees. It's important that you can recognise when unfair treatment at work is happening in your business.

Here are some scenarios of unfair treatment and the impacts you should be aware of in your workplace:

Discrimination in task assignments

• Scenario: A seasoned employee consistently receives menial tasks while their younger counterparts are entrusted with more challenging and rewarding assignments.
• Impact: This not only hampers the individual's professional growth but also creates an atmosphere of inequality within the workplace.

Age discrimination in hiring

• Scenario: A company chooses to hire younger and cheaper workers while sidelining experienced, older workers for key positions.
• Impact: Older workers feel undervalued and may bring forward claims of age discrimination, leading to potential legal consequences for the company.

Sexual orientation-based harassment

• Scenario: Offensive and derogatory comments about an employee's sexual orientation are tolerated within the workplace.
• Impact: The targeted employee may experience emotional distress, leading to decreased morale and productivity levels. The company also risks legal action under the Equality Act.

Salary inequities

• Scenario: Employees in similar roles and with comparable qualifications receive significantly different salaries, with no justifiable reason for the wage disparities.
• Impact: Unequal pay can result in feelings of resentment and demotivation among employees, leading to decreased morale and potential legal challenges.

Overburdening certain employees

• Scenario: A particular employee is consistently given an overwhelming workload or is assigned tasks beyond their job description, while other workers with similar roles enjoy a more manageable workload.
• Impact: Overburdened employees may be in a stressful situation, leading to burnout, stress-related health issues, and diminished job performance and satisfaction, leading to higher turnover rates.

Ignoring adjustment requests

• Scenario: Employees with valid requests for reasonable adjustments, such as modifications to their work environment due to a disability, are consistently ignored or denied.
• Impact: This not only violates legal obligations but also contributes to a culture of exclusion, making it difficult for employees with disabilities to thrive in the workplace.

Discrimination based on personal relationships

• Scenario: Management singles out employees based on their personal relationships or friendships within the company, providing benefits or promotions to those with closer ties while ignoring merit-based considerations.
• Impact: This fosters a toxic work environment where favouritism exists over those who truly deserve it, causing feelings of alienation and distrust among the workforce.

Unequal access to training and development opportunities

• Scenario: Some employees consistently have access to training programs, workshops, or skill development opportunities, while others with similar aspirations and potential are denied these resources.
• Impact: Unequal access to training can contribute to a widening skills gap within the workforce, potentially hindering overall company growth and innovation.

Microaggressions and stereotyping

• Scenario: Employees are subjected to subtle but persistent microaggressions or stereotyping based on their race, gender, or other protected characteristic.
• Impact: Such behaviour creates a hostile work environment, contributing to increased stress, decreased job satisfaction, and potential mental health issues for affected employees.

Selective enforcement of policies

• Scenario: Company policies, such as dress code or punctuality, are selectively enforced, with some employees facing repercussions while others, often favoured by management, are exempt.
• Impact: This erodes trust in the fairness of the workplace, creating a perception of a biased and inconsistent application of rules.

Addressing these examples of unfair treatment requires a commitment from employers to foster a culture of equality, diversity, and inclusion, ensuring that all employees are treated fairly and with respect.

Creating a workplace free from unfair treatment

As an employer, fostering a work environment free from unfair treatment is not only a legal obligation but also a moral imperative.

By understanding the key points associated with unfair treatment at work, recognising the impact of discrimination on employees with protected characteristics (religion, belief, sexual orientation, marriage, or any other factor) and taking proactive measures to prevent unfair treatment, you can create a positive and inclusive workplace culture.

Remember, the success of your business is intricately tied to the wellbeing and satisfaction of your employees. Taking steps to prevent unfair treatment not only enhances your company's reputation but also cultivates a workplace where every individual is valued and respected.

How BrightHR can help?

With BrightHR on your side, taking these steps to tackle unfair treatment is easier than ever. Not to mention the peace of mind you gain, knowing that the steps you take are legally compliant.

Gain end-to-end legal support

Firstly, BrightHR provides you with access to a library of customisable HR documents , including a workplace bullying and harassment policy, staff handbook templates and more. So, you can easily create the documents you need to meet your specific requirements, without having to start from scratch.

Alongside this is a 24/7 employment law advice line , with qualified experts who are always ready to take your call whenever you have a question about unfair treatment at work.

When it comes to making sure your staff follow rules on unfair treatment, BrightHR makes the process simple with unlimited document storage and read receipts . That way all your employees will be able to access your policies and you will get notified when they read them. So, no one can claim that they aren't aware of the rules.

Stay on top of your staff training needs

Raising awareness with training courses is also available with a fully integrated learning management system .

You can assign e-courses like ‘Equality, Diversity and Inclusion Awareness’ to your employees and set notifications to when they are completed. Ensuring that your staff have the knowledge and skills they need to promote a positive and inclusive workplace culture.

Support your employees’ health & wellbeing

Finally, when you operate anti-bullying policies and promote fairness at work, it's important to remember to provide support. BrightHR's wellbeing and counselling services , allow you to provide 24/7 wellbeing support to all who need it via the UK's leading employee assistant programme.

That way, you can help your staff deal with any issues they may be facing and promote a healthy and supportive workplace.

As an employer, it is your responsibility to prevent unfair treatment and create a positive and productive work environment for everyone.

Want to learn more about how BrightHR can help, speak with one of our friendly advisors today .

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Are Work Assignments Fair in a Hiring Process?

Hiring is a game of give and take. There needs to be trust on both the employer and candidate sides. Understandably, this can be a challenge when an employer and candidate have never worked together before. And this is also why work assignments in a hiring process can be questioned by candidates.

Asking a potential employee to complete an assignment as part of the hiring process is not unusual, but there is a stigma around it. Some candidates equate it to “free work.” Others, depending on the scope and criteria of the assignment, feel it’s unfair to ask.

If a work assignment is part of your hiring process, make sure everyone understands why. As a hiring company, you’ll want to identify why an assignment is helpful to your process. Perhaps you want to better understand the value a candidate could bring to your company’s specific needs. Or bring to life skills that don’t come through on a resume or portfolio alone.

We advise our candidates to approach work assignments as a chance to showcase expertise and stand out from the competition. For the hiring companies we work with, free work is never the intention. However, if an assignment doesn’t sit well with a candidate (it could be too time-consuming, require too much proprietary information, etc.), they always have the option to withdraw.

As a recruiting firm and liaison between hiring companies and candidates, our role is to help establish the trust and clear communication needed to make work assignments a fruitful piece of the hiring process.

• assignment work
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At r/CNA we share stories of caring for patients/residents and advice on how to best accomplish our mission of providing the best possible care for those in our charge. Come join us!

Unfair work assignments

So I work at an assisted living that has several residents that need extensive assistance (they are eligible for a nursing home as they need help with transfers, ambulating, bathing, and toileting). There are about 43 residents currently. Most of the residents are independant but atleast 6 of them need extensive assistance. We only have 2 cnas and 1 nurse for all these people. The nurse doesnt help with any cna work whatsoever. The last 2 cnas quit because of the ridiculous work load. Noone wants to work this floor. We don't have housekeeping or laundry staff on the weekends so they expect us to do laundry and clean as well if its needed. We also are the ones to contact the kitchen/maintenance if anyone has a problem. Anyways, they keep hiring men to work on the floor and every single extensive assist resident refuses to allow the men to help them shower/go to the bathroom. This leaves all the hard work for me to do. Meanwhile, the men i work with literally just tell me that the resident refused them and that they want a female. I'm close to quitting as well because of the unfair workload. I understand that it can be uncomfortable to have a male bathe you or take you to the bathroom but they are putting excessive work on me. The only thing the men do is take the trash out and pick up trays. At this point, there is no reason for them to hire any males if they just allow the residents to pick and choose who they want. I also have a pulled muscle so I may just provide a doctor's note and leave short notice. Has anyone else had this issue? Any advice? I'm considering leaving the field of nursing (I was considering becoming a nurse) permanently if future patients are just going to get to choose the person they want to assist them. Management purposefully schedules 2 cnas so that 1 cna isn't doing all the work. Is it possible to just tell the resident that I am not their cna today and that they can refuse if they want?

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Aug 18, 2024 05:44:48 AM Edited Aug 18, 2024 06:10:04 AM  by  Sein M

Disappointing amount of concerns

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Aug 18, 2024 10:37:07 AM  by  Jeanne H

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