What do I do if I am having problems in my workplace? 

Employees often want to know what they should do if they feel they are being unfairly targeted.  Here are a few tips and pointers. 

Understand that it is not illegal for your supervisor to be a jerk.  As long as your supervisor’s jerky behavior is not motivated by an illegal reason, he/she can usually get away with bad behavior. 

An illegal reason is based on a protected characteristic.  California’s Fair Employment and Housing Act (FEHA) identifies protected characteristics:  race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. 

Generally, discrimination, or harassment means you are treated differently because of one of the identified protected characteristics. 

If you believe your supervisor’s actions are because of a protected characteristic – what do you do?  Protect your rights!  Make a complaint to human resources, and maybe it resolves the situation.  But, if that isn’t working, you need to keep a record of the illegal conduct.  Buy a spiral bound notebook and write down a description of the harassing and discriminating behavior.  You need not write down everything but document the outrageous conduct.  Identify any witnesses. Date each entry.  Keep it in your purse or backpack.  Don’t leave it at the office.  Use it only for keeping track of what is happening in the workplace.  (For example, don’t draw cartoons of your boss or supervisor looking like an ogre.)  If you end up in a lawsuit against your employer, it is likely these notes will be shown to a jury. 

Even if you tried human resources before, make a written complaint to human resources.  Outline the conduct and include the witnesses.  Ask for an investigation. Keep a copy of your complaint.  It’s best to send an e-mail or send using a method that confirms the complaint was received.  It is illegal for the company to retaliate against you for making a complaint.  That doesn’t mean retaliation won’t happen, so document any acts of retaliation.  Cooperate with the investigation if one is done and be prepared to tell the investigator why you feel that your supervisor is discriminating, harassing, retaliating, etc.    

Don’t audio record or video others without their permission.  Do keep copies of documents you believe support your position, as long as they are not confidential or trade-secrets. 

This explanation does not cover all problems or situations that arise in the workplace.  If you are having problems, and especially if you feel like you will get fired, call an experienced employment attorney right away.