Steps to Take as a Reverse Discrimination Victim

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. 

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.

Your documentation will help build a solid foundation for any future complaint, investigation, or legal action.

Review Company Policies

Most companies have policies on discrimination, equal opportunity, and workplace diversity, and also outline procedures for complaints. Check that the alleged discriminatory behavior violates company policies or falls under legally protected categories, such as race, age, gender, or national origin. This will help you understand how to file a complaint internally and the standards your employer has set.

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.

Identify Witnesses

Identifying coworkers or supervisors who potentially witnessed the reverse discrimination and can support your claim will significantly strengthen your case. When speaking with witnesses:

• Ask if they are comfortable providing a statement about what they observed.  
• Encourage them to document their own experiences if they believe they witnessed discrimination.  
• Avoid pressuring anyone to participate, as this could backfire.  

Witness statements can provide valuable corroboration, helping to establish patterns of discriminatory behavior.

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.

Evaluating Your Case

An attorney will assess the strength of your claims and determine whether your case meets the legal standard for reverse discrimination.  

Guiding You Through Internal Complaints

If you need help filing an internal complaint, your attorney can provide guidance to ensure your report is comprehensive.  

Representing You in Mediation

Many companies prefer to resolve reverse discrimination claims through mediation or settlement. Your attorney will negotiate on your behalf and represent your interests.  

Filing Legal Claims

If internal complaints do not lead to a resolution, your attorney can file a formal complaint with a government agency or pursue legal action in court.

Hiring legal counsel early in the process significantly increases your chances of successfully holding your employer accountable.

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. 

Prepare for Mediation or Settlement Negotiations

Mediation or settlement negotiations resolve many discrimination claims. During these discussions, both parties attempt to reach an agreement without going to court. The best possible outcome will include:

• Back Pay: Compensation for lost wages resulting from wrongful termination or missed promotions.  
• Reinstatement: You might be reinstated to your previous position if you were wrongfully terminated.  
• Compensation for Emotional Distress: Damages for the emotional impact of discrimination, such as anxiety or humiliation.  
• Attorney’s Fees: In some cases, the settlement may include payment of your legal fees.  

Mediation offers a faster, less adversarial way to resolve disputes, but legal representation is essential to protect your interests.

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.