But what did we win?
Do non-discrimination laws do anything?
Do they protect us or a just window dressing?
So do non-discrimination laws make a difference?
It is hard to say, the laws tend to cause all types of discrimination to go from overt to covert as the companies learn how to cover their discrimination (“We didn’t hire you because you’re black but because you don’t have a work history.” “We didn’t hire you because you are Muslim but because you are over qualified.”). It is also very hard to prove a discrimination case unless the company is really dumb.
When discrimination does happen it is very hard to get through the legal process, the company is going to bring up ever little infraction of company policy and they will try to make you look like the worst employee in history (I was a supervisor and I had an employee who was coming in late, taking a day off from work without telling, etc. HR to me to keep a log on him and every couple of days review the log with me. My suggestion to employees is if you feel you are being discriminated against keep a log.).
The other things to remember is that discrimination laws are not criminal laws (except in special circumstances*), no one is going to jail. Also the records of complaints are public record; your name will be a public record, that you sued your employer will be a public record.
When you do file a complaint with the agency in charge of enforcing the law they have to follow legal precedent, which means depositions from both side and a chance to rebut the claims the other side made (That is why you need to keep a log of what happen to you). The fines they impose are also limited by law.
They may find that the harassment was not harassment but rather protected by the First Amendment. They may find against you and rule that the company didn’t discriminate.
The deck is stacked against us.
So why have non-discrimination laws?
Well for one they do work as the Sam’s Club case shows. They also bring about change; more companies are adding us to their workforce policies, and they are adding us to their insurance policies.
I think the best reasons is what Dr. Rev. Martin Luther King Jr. said,
*Connecticut law PA11-55 has only one category that impose criminal penalties…
Do non-discrimination laws do anything?
Do they protect us or a just window dressing?
Lawsuit: Sam's Club discriminated against transgender workerThis case did several things, first it recognized that Title VII covers us and second it will put companies on notice that they cannot discriminate. Third it will give a finical settlement to Bost.
Chicago Tribune
By Jonathan Drew
December 27, 2017
A transgender woman said in a lawsuit Wednesday that she was called "it" and "thing" by co-workers and then wrongfully fired from a North Carolina Sam's Club store after repeatedly complaining about harassment.
The federal lawsuit by Charlene Bost seeks unspecified monetary damages and asks the court to order the big box retailer to train employees to prevent future harassment of transgender workers. It says Bost was wrongfully fired in 2015 from the Kannapolis store in retaliation for her complaints.
Transgender people around the country are increasingly taking employers or schools to court to demand that their rights be protected, and North Carolina has been the site of a protracted legal battle over state laws governing which restrooms transgender people can use.
[…]
"Given the increase in the number of transgender people who are coming out, particularly at earlier and earlier ages, I think we're going to see many more claims in the future for discrimination against transgender people," said Jillian Weiss, the fund's executive director, in an interview. Weiss added that it's important for "employers to recognize that prejudice still exists among their employees."
So do non-discrimination laws make a difference?
It is hard to say, the laws tend to cause all types of discrimination to go from overt to covert as the companies learn how to cover their discrimination (“We didn’t hire you because you’re black but because you don’t have a work history.” “We didn’t hire you because you are Muslim but because you are over qualified.”). It is also very hard to prove a discrimination case unless the company is really dumb.
When discrimination does happen it is very hard to get through the legal process, the company is going to bring up ever little infraction of company policy and they will try to make you look like the worst employee in history (I was a supervisor and I had an employee who was coming in late, taking a day off from work without telling, etc. HR to me to keep a log on him and every couple of days review the log with me. My suggestion to employees is if you feel you are being discriminated against keep a log.).
The other things to remember is that discrimination laws are not criminal laws (except in special circumstances*), no one is going to jail. Also the records of complaints are public record; your name will be a public record, that you sued your employer will be a public record.
When you do file a complaint with the agency in charge of enforcing the law they have to follow legal precedent, which means depositions from both side and a chance to rebut the claims the other side made (That is why you need to keep a log of what happen to you). The fines they impose are also limited by law.
They may find that the harassment was not harassment but rather protected by the First Amendment. They may find against you and rule that the company didn’t discriminate.
The deck is stacked against us.
So why have non-discrimination laws?
Well for one they do work as the Sam’s Club case shows. They also bring about change; more companies are adding us to their workforce policies, and they are adding us to their insurance policies.
I think the best reasons is what Dr. Rev. Martin Luther King Jr. said,
Morality cannot be legislated, but behavior can be regulated. Judicial decrees may not change the heart, but they can restrain the heartless.
*Connecticut law PA11-55 has only one category that impose criminal penalties…
Any person who, with the intent to subject, or cause to be subjected, any other person to the deprivation of any rights, privileges or immunities, secured or protected by the Constitution or laws of this state or of the United States, on account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness or physical disability, violates the provisions of section 46a-58, as amended by this act, while wearing a mask, hood or other device designed to conceal the identity of such person shall be guilty of a class D felony.
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