Tuesday, July 07, 2020

It Is Important To Keep A Log.

Although the article I about documenting racism at work it also can be apply to other forms of discrimination.
Keeping track of who said what can be useful for legal action and for your own peace of mind.
HuffPost
By Monica Torres
July 2, 2020


Racial discrimination in the workplace is illegal in America, yet it is still all too common: Over a quarter of all complaints filed to the U.S. Equal Employment Opportunity Commission from 2010 to 2017 came from Black employees alleging racial discrimination, according to data obtained by the Center for Public Integrity.

If co-workers of different races are being treated differently, there could be workplace racism happening on your team.

When it’s your word against your company’s, gathering evidence is key for future lawsuits or for documenting your truth as you see it. “Employers are not just going to roll over and accept what you say is true, and they are going to hire equally talented defense lawyers to defend them,” said Edgar Ndjatou, executive director of the nonprofit Workplace Fairness and a former employment lawyer.

This means you need to document the racism you experience at work. Legal and mental health experts shared advice on what and how to document, as well as why it matters even if you don’t bring a complaint:

Don’t use company equipment.
If you’re going to document your negative experiences at work, don’t do it on company equipment if you want it to stay private, Ndjatou said. “There is no expectation of privacy when you do use your employer’s software and hardware.”

If you write it down, he said, stick to your personal devices, or pen and paper can work, too. Don’t leave this evidence at a worksite, though.
I recommend getting a bound notebook with numbered pages (Something like this)and not use an electronic device because records could be deleted or changed while the notebook is a permanent record.
This is what you should compile in your documentation:
Keep track of direct evidence, such as racial comments, jokes and stereotypes made by your colleagues, Ballman advised.

“Take photos if there is something physically posted. Print out copies of anything written. If it’s a text message, take a screenshot and print,” she said.
Very good advice!

Evidence! Is the most important thing, in our case anything that is transphobic… emails, items posted on the bulletin board, signs posted in the bathroom, etc. and tape them into your notebook with a written description of it in the logbook.
What to do with the evidence you’ve gathered.
Once you have gathered documentation of unfair treatment, you can report it to human resources and give them an opportunity to correct the situation.

But be aware that alleging racial discrimination can result in retaliation by your employer. Ndjatou cautioned that people you consider allies within the company may also disappoint you when it comes to corroborating your statements.
Personally I wouldn’t show them the logbook. If you go to HR to complain I would not tell them that you are keeping a logbook… I would keep as an Ace in the Hole. But you can write something up and give it to them. Something like,
On Tuesday July 7, 2020 at 3 PM; Mr. Jones called me a derogatory term for a transgender person when I was sitting at my desk, on July 2 he sent me this email.
You want to give them dates and places of where the discrimination took place in writing so that they have to respond in writing.

DO NOT RECORD the conversation! Connecticut is a two party consent state when recording conversations. If you want to record a conversation get their verbal consent recorded and have the voice recorder sitting on the table in plain sight and I personally wouldn’t do that all.
Know there are mental benefits to journaling your experience, too.
Even if you never come forward with what you document, writing down what you experienced can be validating when you are surrounded by people telling you otherwise.
If you don’t want to document your experiences, don’t bottle up those feelings. Share them with someone you trust.

“If you are in a position in which you have no control and you cannot get out of that position, I always say talk to someone,” Johnson said. “Look for support; it might not necessarily be at your workplace.... Know that you’re not stuck. We can find a way out of this, and a way to get out of this is through utilizing supports. Do not battle this alone.”
Once again it is a form of documentation telling another person and it also helps to get it off of your chest.

I was a supervisor for 25 years and at our peak I had 21 technicians in my department and only three times was I asked by HR to keep a log on a persons. Each time I told the technician that HR told me to keep a log on them and I advised them that they should keep a log on me and the company. Nothing ever came of it. One person HR wanted me to track always came in late during the summer, he was a golfer and he either snuck out early or came in late after a morning round of golf. He left the company and became a golf pro at a country club.

If someone threatens you with violence report them immediately not only to HR but file a police report. 

Remember rule number one, be safe!

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