What a day. The US Supreme Court ruled in a 6-3 vote that it is a violation of Title VII of the Civil Rights Act of 1964 for employers to discriminate against LGBT employees. I read the majority opinion (& will read the 150 page dissents later this week), have taken it in and want to share two initial thoughts.
 
First, I’m both thrilled with the decision, and deeply saddened that in the midst of this monumental decision, African Americans, which include those who identify as LGBTQ, continue to be unjustly killed, attacked, bullied, threatened and made to stand-up for their right to watch birds, sell water, gather for a picnic, enjoy time in their homes, and to simply breath. The Black Lives Matter movement seeks to change our nation’s discriminatory and often horrific treatment of African Americans for centuries. Two of the founders of BLM identify as queer, & a founder of the global network is a transgender woman. While we savor this moment, we must also work in solidarity with the BLM movement.  
 
Second, since I have recently written a book about Gerry Crane, the Byron Center high school music teacher who in the mid-1990’s lost his job, and ultimately his life because he was gay, my thoughts have also been about him today. He should be here to relish this victory. Further, the USSC decision involved three different cases, and two of the three plaintiffs died before the court’s decision today. We should remember the lives of Gerry Crane, Aimee Stephens, and Donald Zarda (the two plaintiffs that passed away) and recognize their role, along with many others who have gone before us, in clearing a path to today’s decision.   
 
 
Bostock v Clayton County, 590 U.S. ___ (2020)
June 15, 2020

by Christine Yared

What should you do if you are experiencing discrimination or being sexually harassed at your place of employment? There are five critical steps you should take. These steps apply for  discrimination based on race, sex, ethnicity, sexual orientation, gender expression and identity, religion, disability, age and other protected classes. They also apply to retaliation and sexual harassment.

1.    Take Notes – Take notes about the improper actions as they occur. If you are not reading this blog until after the actions have taken place, you should still write notes now based on your best recollection.

What type of details are important? Include the time, place, words, actions and witnesses.

Example: I was in the break room pouring a cup of coffee with my back to the door. (insert name) came from behind me, tightly hugged me with the front of his body pressed against my back and his arms around my breast area. He made a comment like “hey baby,” or something like that. I don’t remember the date but I think it was the week before my son’s spring break. I think it was in the afternoon but I am not sure. After work I told my best friend about what happened.

Where should you keep your notes?  At home. Do not record them on your work computer.

2.    Gather Evidence – Make copies of letters, emails, notes, written jokes or cartoons, and other evidence. If someone places an inappropriate object in your work area, take a photograph  if you can do so in a private and safe manner.

3.    Talk to an Experienced Employment Law Attorney – Most attorneys will meet for an initial consultation for a small fee or without charge. Select an experienced employment law attorney. Evaluate the attorney during your first meeting.

You should find a different attorney if the attorney:

• fails to listen carefully to your story and concerns or fails to answer your questions

 

• is dismissive, rude, arrogant or makes inappropriate jokes or comments

 

• spends too much time bragging or promises a certain result

 

• appears to be racist, sexist, homophobic, transphobic, classist or otherwise prejudiced

 

• you have a gut feeling that they are not the right fit for you

4.    Read the Employee Handbook and Union Contract - Read and follow the steps in your employee handbook. If you are in a union read and follow the steps in your bargaining agreement. For safekeeping, print or copy the:

• non-discrimination and sexual harassment policies

 

• the steps you need to take to report these violations, and

 

• the investigation and discipline process

Pay specific attention to time deadlines. File a written complaint even if you missed a deadline.

5.    If Needed, File A Complaint With the EEOC - Read here about the law, process and deadlines for filing a complaint with the:

• Equal Employment Opportunity Commission (EEOC) https://www.eeoc.gov/employees/

 

• Your state civil rights department. For Michigan see: https://www.michigan.gov/mdcr/

If your employer is not handling your complaint appropriately, in a timely manner, or if you are experiencing retaliation, meet with your attorney and file a timely complaint with the government. Your attorney should advise you whether to file with the EEOC or state, the time deadlines, and the discrimination, retaliation and sexual harassment categories to select.

Each case is unique. Do not underestimate the importance of consulting with a qualified, experienced employment law attorney.

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