Legal Question in Discrimination Law in Washington
My husband experienced racism at work, and reported this to his supervisors. Three weeks had passes, and he received no response to this issue. He then again sent a report to Human Resources, as well as the vice president of his company. The individual accused of making racists slurs towards him and others in the workplace was then fired a month after the original report was made, and two weeks after Human Resources was contacted. A week later his supervisors had a meeting with him, they expressed unhappiness about his report to Human Resources and to the Vice President. He reminded them that he completely followed company policy in his dealing with the situation. A few days after the meeting was held, he was asked to sign a write up form. He did not agree with this, but complied out of fear of losing his job. For the passed month, he has been experiencing a very hostile work environment towards him. It seems like they are attempting to push him to quit, or are trying to now find reasons to fire him. Do you think we should report this to human resources, or find an attorney?
3 Answers from Attorneys
I definitely think you should speak to an attorney about your husband's situation. If he made the type of complaint you describe and the person about whom he complained was ultimately fired but for some reason others are now retaliating against your husband or making the workplace so hostile as to get him to quit, then yes, I think it's worth discussing with an attorney to see what can be done to protect your husband.
The factual scenario described is not at all untypical. Retaliation for reporting instances of discrimination is unlawful. Such retaliation often comes in subtle forms. You should seek the advice of an experienced employment lawyer to provide guidance in moving forward with the employer and in evaluating the existing facts and circumstances. Retaliation cases involving a continuing employment relationship require ongoing strategic evaluation and development. Do not wait until a termination. Get advice as soon as possible to make sure you make no mistakes and comply with all strategic considerations to position any retaliation case in the best light possible.
The above is not legal advice. It is offered for general discussion purposes only. Seek the advice of an experienced employment lawyer who can evaluate the specific facts involved and provide legal advice specific to the situation.
Yes, your husband should consult with an employment attorney. There are things that likely should be documented. We have a very experienced employment attorney at our firm (25+ years) who could be of assistance to your husband.