Treatment FAQ

what should i do about unfair and unequal treatment at work

by Miss Hope Gutkowski Published 3 years ago Updated 2 years ago
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Unequal treatment in the workplace can cause you to dread your job. If you aren't able to stop the unfair behavior yourself, your employer should take your complaint seriously and ensure that the person acting inequitably does not repeat the treatment.

If you are being treated unfairly in the workplace, there are a number of steps you can take in order to protect your rights:
  1. Document The Unfair Treatment. ...
  2. Report The Unfair Treatment. ...
  3. Stay Away From Social Media. ...
  4. Take Care Of Yourself. ...
  5. Contact An Experienced Lawyer.
Jan 2, 2020

Full Answer

How to deal with unequal treatment in the workplace?

Feb 27, 2016 · Sometimes unequal treatment in the workplace does not violate the law but is a result of poor management. If a supervisor exhibits unfair behavior to everyone, then it may not be discrimination....

What are the laws protecting employees from unfair treatment at work?

Time for the procedure that will shape what action you take. So, when investigating a case for unfair treatment, speak to all possible witnesses, gather the facts of the case, and try to work out why the treatment is happening. Follow up with a hearing and …

What to do if you are being treated unfairly at work?

Unequal Treatment From Management. Your employer or manager can participate in unfair workplace treatment in a variety of ways. The types of bullying or harassment discussed above can be committed by a manager or employer as well as co-workers, but because they are in a position of power, your manager or employer may also treat you unfairly by denying you a …

What happens if you file a complaint about unequal treatment?

Writing a letter of grievance for unfair treatment at work will give your employer and its HR Department every opportunity to rubbish what you have written. You have to establish either ‘less favourabe treatment’ or ‘unfavourable treatment’ i.e. one of the two – or perhaps even both! Less Favourable Treatment at Work – First Step:

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Breach of Employment Contract

Although most states default to at-will employment, there are some situations in which the employer and employee enter into an agreement to govern...

Whistleblower Retaliation

Sometimes, unfair treatment at work can be a direct result of your decision to report illegal or unethical conduct by your employer. In that situat...

Are You Being Treated Unfairly at Work?

Not all unfair treatment at work is grounds for a lawsuit. Legal claims typically arise when the unfair treatment you’ve suffered violates a specif...

Why do you treat someone unfairly?

Treating someone in your staff unfairly because of who they are is discrimination. It can lead to them feeling upset, shamed, and even scared. When this happens, you can expect their morale and their productivity levels to plummet.

What is grievance procedure?

The grievance procedure. You are responsible for the health and the safety of your staff. But you must also always act reasonably when finding the underlying cause of an allegation. When an employee comes to you with a grievance, hold a hearing to work out the details of their grievance.

Can you take sick days off for mental health?

Also, make sure all of your staff know that taking a sick day for a mental health condition is just as valid as something like flu or a physical injury. You might find that people in these situations need to take more sick days off than other staff, due to the issues they face day-to-day.

What is less favourable treatment?

Less favourable treatment is where you have been (or are being) treated ‘less favourably’ in comparison to someone else at work. As such, you need to establish the comparator or comparators (plural).

When establishing the motive for the less favourable treatment, do you need to establish whether the less favourable treatment is

When establishing the motive for the less favourable treatment, you need to establish whether the less favourable treatment is ‘because of’ a protected characteristic such as your race , age, disability, sex, sexual orientation, religion etc,. If you believe the less favourable treatment is because of a protected characteristic, ...

Why is it important to outline a grievance?

This is really important because you need to establish a motive for the less favourable treatment.

What happens if you write a letter of grievance?

Writing a letter of grievance for unfair treatment at work will give your employer and its HR Department every opportunity to rubbish what you have written.

Does the Equal Rights Act 2010 include unfair treatment?

Nowhere in the Equality Act 2010 does it have a provision for ‘unfair treatment at work’. To this end, if you are intending to submit a letter of grievance for ‘unfair’ treatment at work you will be doing yourself a great injustice. In fact, your position will be fundamentally misconceived. Writing a letter of grievance for unfair treatment ...

What is the law protecting employees from unfair treatment at work?

One of the most common areas of the law protecting employees from unfair treatment at work is in the area of employment discrimination. Federal and many state and local laws make it illegal for employers to discriminate against their employees on the basis of certain protected characteristics. One of the most common areas ...

Do employers have to pay female employees equally?

Employers must compensate female and male employees equally where they are equally skilled and work in the same position. If you are not getting paid the basic wage required under the law, you can have a claim against your employer.

Can an employer fire you for not being included in the agreement?

Likewise, if you have an employment contract that specifically limits the reasons your employer can fire you, and your employer fires you for some reason not included in the agreement, you could have a wrongful termination claim.

Can unfair treatment at work be demoralizing?

Unfair treatment at work can be demoralizing, but not all acts you might consider unfair or inequitable are actually grounds for a lawsuit. In today’s posting, we’ll talk about some of the common types of unfair treatment at work that can lead to a lawsuit against your employer.

What are some examples of unfair treatment?

Let’s look at some example scenarios below: Unfair treatment at work by a peer: spreading gossip or slander about the employee by their colleagues.

What happens when you are unfairly treated?

When unfair treatment occurs, you can expect the employee’s morale and productivity levels to plummet.

What happens if you dismiss an employee for gross misconduct?

If unfairly dismissed, the employee can claim in an employment tribunal, so be careful and document everything.

What are the characteristics of harassment?

This is because harassment is a form of discrimination in the workplace, which is illegal thanks to the Equality Act of 2010. By law, it's harassment when bullying or unwanted behaviour is about any of the protected characteristics, which are: 1 Age 2 Race 3 Sex 4 Gender reassignment 5 Disability 6 Religion or belief 7 Sexual orientation 8 Marriage or civil partnership 9 Pregnancy and maternity

What to do when an employee comes to you with a grievance?

When an employee comes to you with a grievance, hold a hearing to work out the details of their grievance. Then investigate their claims and come to an outcome. Follow up with a hearing and try to resolve the problem between the parties. The outcome might be that you give the offender a written warning.

Why do you need to do everything in your power to keep your staff performing?

Because drops in performance can hurt your profits, you should do everything in your power to keep your staff performing. Some things are unavoidable, such as illness, but having a fair workforce is something you can control. Let’s look at what counts as unfair treatment, why it can lead to employment tribunals, ...

Can bullying be discriminatory?

There can be consequences if the bullying isn’t discriminatory, but it gets so bad that it results in the employee leaves their job. Here, they might have a case for constructive dismissal. This can cause an employment tribunal case, even if it wasn’t unlawful treatment.

What does unfair treatment mean?

Unfair treatment can mean a number of things: It could involve a staff member having their work undermined even though they’re competent at their job. A manager could take a dislike to a particular employee and make their life difficult, unfairly criticising their work or setting them menial tasks.

What to do if there is mistreatment in the workplace?

If there's employee mistreatment in your workplace, a quick and supportive reaction is advised. Investigate the claim promptly and treat it seriously – employees don’t normally complain unless they feel seriously wronged so give it the attention it deserves.

Is bullying considered harassment?

While bullying in itself is not illegal, harassment is. Behaviour is considered harassment in the eyes of the law when it is relates to: Now, when we look at bullying, the lines start to blur and the law is muckier – what one person considers as bullying, another may see as simply a case of firmer management styles.

What to do if your job has changed?

If you have solid evidence that your job has changed and should be re-evaluated, ask your boss to consider a change of position. You can also request staff support or the opportunity to supervise others that can help you deliver the full scope of the job expectations.

What to do when you are doing more work than your coworkers?

If you’re doing more work than your coworkers, take a moment to reflect upon your role in the situation. You might be quick to assume that you have a case of unequal workload discrimination, but it’s likely more complicated. Before you set up a meeting with your boss, evaluate your work habits and expectations.

How to get your boss to feel better about your work?

Get the tasks done. Provide an incentive or reward for accomplishing your goals. Once you’ve practiced effective task and time management, you’ll be better positioned to talk to your boss about feeling like you’re doing more work than coworkers.

How to distribute workload?

Make a workload distribution template that illustrates the division of labor in the workplace. Use this information, along with self-reflection, to create an outline for your discussion with the boss . If you’re worried about talking to your boss, remember it can be equally risky to fail to meet expectations, according to the Harvard Business Review. Approach your boss with a sincere interest in meeting her expectations. Discuss how you’ve evaluated your time and that you don’t want to disappoint her by failing to deliver high quality results. Finally, ask for her advice about priorities and the best way to maximize your productivity, during the work day.

What to do if you get hurt working for a private company?

If you get hurt working for a private company or state or local government, seek help through your state. Your state workers' compensation program can help you file a claim. If your claim is denied, you can appeal.

How to file a discrimination complaint?

How to File an Employment Discrimination Complaint. To file a complaint, contact your state, local or tribal employment rights office. Many state and local governments have their own anti-discrimination laws. These laws may offer extra protections beyond federal laws. Some state laws: Apply to businesses with only five or six employees.

What are the laws that the EEOC enforces?

Laws that the EEOC Enforces. Federal employment discrimination laws include: The Americans with Disabilities Act (ADA) – prohibiting discrimination against workers with disabilities and mandating reasonable accommodations. The Age Discrimination in Employment Act of 1967 (ADEA) Title VII of the Civil Rights Act of 1964 (Title VII) ...

How many employees are required to be covered by the EEOC?

Businesses, state, and local governments must follow most EEOC laws if they have 15 or more employees.

What to do if you are terminated by an employer?

If you are an employer seeking information about legal termination of employees, you may wish to contact both the Equal Employment Opportunity Commission (EEOC) and your State Labor Office to ensure you do not violate any federal or state labor laws. You may wish to consult with a licensed attorney.

What are the protections included in the law?

These laws protect employees and job applicants against: Discrimination, harassment, and unfair treatment in the workplace by anyone because of: Race. Color. Religion. Sex (including gender identity, transgender status, and sexual orientation) Pregnancy. National origin.

Who protects longshore and harbor workers?

Longshore and Harbor Workers, Coal Miners, Nuclear Weapons Workers, and Federal Employees. Federal laws protect longshore and harbor workers, coal miners, nuclear weapons workers employed by the Department of Energy (DOE) or a DOE contractor, and federal employees.

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