Still Fighting: The Battle With Workplace Discrimination
No matter how far society has progressed, there are still the lingering effects of discrimination and unfair standards for minorities in the workplace. Nonetheless, nations have progressed heavily in recognizing workplace discrimination, as well as putting in measures that protect the people affected. However, that does not mean that the current system of filtering out prejudice is not still openly flawed. Minorities must jump through multiple hurdles simply to have their voice heard. Even then, acknowledgement of their unfair treatment is not always enough, as proper justice can still be far out of reach. Whether it is due to race, sexuality, religion, or gender, minorities must prove the undisguised discrimination they face ten-fold before they are taken seriously. In addition, in trying to prove their case, the affected minorities still struggle with getting proper compensation. The problems that an unfair workplace environment can cause are many, including having their time and effort being taken advantage of. Not to mention, workplace discrimination can start even before one is hired, it can even be the root cause of someone being out of a job no matter what they do. To recognize the disadvantages marginalized groups have in the workplace, even with the current laws in place, would be a step in the right direction.
To recognize the issues with bringing workplace discrimination into court, it is important to bring up how the process works first. The EEOC, or the U.S Equal Employment Opportunity Commission, is what handles such issues in America. To contact the EEOC for help, a charge must be filed against the Respondent (employer or entity who is being accused). After around 10 days, the Respondent will be notified about the proceedings that follow. The EEOC also usually conducts further investigation, but will offer the Respondent and Charging Party to attempt at mediation. EEOC, being the third party meant to mediate, must have consent from both parties to actually mediate. Further investigation can include a statement of position, where the Respondent can explain their side of the story. They can also ask for an RFI (Request for Information) which will allow them to access relevant files. The EEOC can also do an on-site visit, which is helpful for speeding up the overall process. Along with some witness interviews, by this point, the EEOC can conclude if there is enough proof of discrimination to move onto court proceedings. If the Charging Party does not have enough evidence, they will receive a Dismissal and Notice of Rights, which can be used to file a lawsuit in court for 90 days following its acquisition. If enough evidence appears, then both parties will receive a Letter of Determination and can seek an informal resolution process known as conciliation. If this process proves unfruitful, this is finally when the case is brought to court.
Just looking at the process up front–it can take a while. While it may seem the process of gathering evidence is tedious no matter what, the EEOC is however responsible for a hoard of other issues. To start, this already arduous process is further lengthened by the enormous processing time. A majority of investigations can take upwards of 10 months, which for the average working person, is far from convenient. Furthermore, when it comes to mediation, this much faster and less taxing process is only used in under 10% of new cases filed (meaning pre-existing backlogged cases are not taken into consideration). In fact, in 2024, only 111 of cases filed were able to file a lawsuit, amounting to 0.13% of the total at the time. This does not guarantee a trial either, just a start to the litigation process. It is also important to bring to light the cherry picking of cases when it comes to the EEOC. Out of the few lawsuits addressed in 2024, race and religious discrimination cases were a combined total of 0.02% of the addressed cases. The amount your case is worth also determines if you actually receive legal help in a reasonable amount of time. The EEOC tends to ignore employees who don’t have high-value category cases, ignoring their varying degrees of gravity. There has even been a pattern where the EEOC will pick a specific cause each year, choosing to prioritize such cases over others (Ex. Almost half of the cases that got lawsuits in 2024 were pregnancy related, which is most likely why race and religious discrimination cases were at such a low). This inefficient system remains unaddressed, and will only continue to hinder the lives of minorities if it remains so.
The ramifications of this carelessness run deeper than it may seem. Workplace discrimination can occur before or after being hired. When discriminated against your race, gender, sexuality, or other discerning characteristic, finding a job can be near impossible. No matter how qualified one is, they will face poverty and unprecedented levels of stress simply trying to get hired to make a living. Facing discrimination in your established workplace, however, may even be worse. This often leads to declining mental health, physical health, moral decline, and even financial loss for both parties in the long run. This is exactly why a fair and speedy system for workplace discrimination is so vital. The effects of filing a complaint to the EEOC can also cause complications, leaving the marginalized employees in a disarraying state of limbo, where they are at their wit’s end in a legal battle with their employer. This stage isn’t just awkward, but is rather a headache that can cause complications down the road if the employee decides that they would still want to work in the company after receiving proper compensation. This doesn’t even factor in the monetary costs of filing a lawsuit against your employer, especially if you have the misfortune of losing and receiving no recompense.
In all, minority groups must first jump hurdles to be properly compensated for discrimination in the workplace, due to the inefficiency of groups such as the EEOC. As long as a system such as this remains in place, minorities will continue to struggle excessively in comparison to more privileged groups. To acknowledge these flaws would be a step forward, but nothing would compare to actual actions taken to protect minorities and help them seek legal justice at a similar rate to the rest of the world.
Bibliography
EEOC. “Know Your Rights: Workplace Discrimination Is Illegal.” US EEOC, 27 June 2023, www.eeoc.gov/know-your-rights-workplace-discrimination-illegal.
Spitz, Brian D. “The Disappointing Truth about Filing with the EEOC.” The Spitz Law Firm, LLC, Spitz, The Employee’s Law Firm, 30 Jan. 2025, www.calltherightattorney.com/blog/2025/01/the-disappointing-truth-about-filing-with-the-eeoc/.
“What You Can Expect after a Charge Is Filed | U.S. Equal Employment Opportunity Commission.” Www.eeoc.gov, www.eeoc.gov/employers/what-you-can-expect-after-charge-filed.
The Devadoss Law Firm. “Understanding the Effects of Workplace Discrimination | the Devadoss Law Firm, P.L.L.C. | Dallas.” Www.fedemploymentlaw.com, www.fedemploymentlaw.com/articles/understanding-the-effects-of-workplace-discrimination/.