If you think you are a victim of reverse discrimination, it is critical to take specific steps to protect your rights and seek justice. Here is a guide on what to do.

Steps to Take as a Reverse Discrimination Victim

Document the Discrimination

Gather and document all relevant information and evidence related to the discriminatory act. This may include:

Emails, letters, and other communications that support your claim.
Copies of your job application, performance reviews, and any documentation related to the hiring, promotion, or disciplinary actions.
Witness statements from colleagues or others who saw the discriminatory behavior.
A detailed log of the incidents, including dates, times, locations, and descriptions of what happened.

Report the Discrimination Internally

Review your employer’s policies, as most have procedures in place for reporting discrimination. Typically, you will first report your concerns to your supervisor or human resources department. Provide them with all your documentation and a clear explanation of your situation. If your initial report does not lead to a satisfactory resolution, consider filing a formal complaint following your company’s procedures.

Seek Legal Advice

If your company does not take your complaint seriously or resolve the issue, consult a trusted Orange County Reverse Discrimination Lawyer. An attorney can provide you with legal advice, help you understand your rights, and guide you through the process of pursuing a legal claim. They can also assess the strength of your case and advise on the best course of action.

File a Charge with the CRD or EEOC

Your lawyer may advise you that the next step is to file a charge with California’s Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). They can advise you on which agency to file with and here is how:

CRD

The CRD protects California employees from unlawful discrimination in the workplace. There are three options for filing a complaint:

Online through the Cal Civil Rights System, CCRS after you create an account.
Print out an intake form and mail it to:

2218 Kausen Drive, Suite 100

Elk Grove, CA 95758

Call 1-800-884-1684

Deaf, hard of hearing: 1-800-700-2320 (TTY)

Email: contact.center@dfeh.ca.gov for help

EEOC

The other option is to file a charge with the EEOC, which is the agency that enforces federal laws prohibiting employment discrimination. It can be filed:

Online on the EEOC Public Portal.
By calling 1-800-669-4000 for assistance.
By mail or visiting an EEOC field office that is closest to you.

The CRD often works in conjunction with the EEOC. Either agency will investigate your complaint and may mediate a resolution or file a lawsuit on your behalf.

Pursue Legal Action

If the CRD or EEOC determines that your claim has merit and mediation efforts fail, they may issue you a “Right-To-Sue” notice giving you the option to file a lawsuit. Your attorney can help you navigate this process, which may involve:

Gathering further evidence, identifying witnesses, and building a strong argument.
Submitting your complaint to the appropriate court.
Participating in the legal process, including discovery (exchange of information between parties), pre-trial motions, and potentially a trial.

What is Reverse Discrimination in the Workplace?

Reverse discrimination occurs when policies or practices designed to promote diversity or rectify historical injustices result in unfair treatment of individuals from historically privileged groups. For example:

Hiring Practices

A company has an affirmative action policy that mandates hiring a certain percentage of employees from underrepresented groups. A more qualified candidate who is a majority member is rejected in favor of a less qualified candidate from a minority group solely to meet these quotas.

Promotion Decisions

A highly qualified and experienced male employee is passed over for a promotion in favor of a less qualified female candidate.

Training and Development Opportunities

An organization offers specialized training and development programs exclusively to minority employees to promote diversity in leadership roles. Employees who are members of a majority are excluded from these opportunities despite their interest and qualifications.

Performance Evaluations

A manager consistently gives higher performance ratings to minority employees than to their non-minority counterparts despite the latter’s similar or superior performance.

Salary Increases and Bonuses

A company implements a policy to address pay disparities by giving larger raises and bonuses to minority employees compared to their non-minority colleagues with similar job roles and performance levels. While intended to rectify historical pay inequities, such policies can be seen as reverse discrimination if they do not equally reward performance and qualifications.

Fostering an inclusive workplace culture that values diversity while maintaining fairness is a delicate balance. Employers must create environments where all employees feel valued and respected, regardless of their background.

Types of Compensation Available

Here are the common types of compensation that might be awarded in a reverse discrimination claim:

Reinstatement: Restoring your position yu were wrongfully denied or terminated from if practical.
Back Pay: Lost wages from the time of the discriminatory act (such as a wrongful termination or denial of promotion) to the time of the resolution of the claim, including salary, bonuses, and any other benefits.
Front Pay: Front pay is awarded when reinstatement is not possible or doesn’t make sense. It covers future wages the employee would have earned if they had remained in their position or been promoted.
Emotional Distress: Compensation for non-economic losses, such as psychological issues, pain and suffering, and loss of enjoyment of life resulting from the discrimination.
Punitive Damages: Punitive damages are intended to punish the employer for particularly egregious conduct and to deter similar behavior in the future.
Legal Fees and Costs: Compensation for the legal fees and costs incurred in pursuing the discrimination claim.
Interest: Interest on back pay and other monetary awards may be included to compensate for the delay in receiving these amounts. The interest is typically calculated from the date of the discriminatory act to the date of the award.

The court may also order injunctive relief, requiring the employer to take specific actions to rectify the discriminatory practices. This may include policy changes, training programs, and more.