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What You Need to Know About …

By Lafe Tolliver, Esq
Guest Column

     With the recent media focus on the allegations of racial harassment at the local GM Powertrain plant and my being part of the crowd at the Truth Art Gallery who listened to the commentary of civil rights activist Jesse Jackson, here are some insights or tips regarding fighting racism/sexism in the workplace.

    Some of this commentary is from my years filing and fighting such workplace cases and the challenges attendant thereto.
 


Lafe Tolliver, Esq

(1) If you are a victim of sexual or racial harassment, you need to find a safe place at the workplace and record (a) what happened (b) who was the aggressor (c) witnesses to the event (d) the time and location of the incident (e) what policy manual your workplace may have in writing regarding your rights to be free from a discriminatory workplace.

(2) You need to immediately make noise and report any and all incidents,

however innocuous you may feel the incident was, to management and file

a WRITTEN report. Forget that nonsense of keeping it to yourself or making an oral report.

(3) Find out the locale of the headquarters of the company (if there is one) and send off a signed and dated copy of your complaint. Certified mail only.

(4) File a charge with the local Ohio Civil Rights Commission. The more details the better.

(5) If you are approached by management and they want to "talk" and your shop is a non union shop, you need to have a friendly face with you and/or record the meeting. Do NOT take the "goodwill" of management as a sign that they are in your corner. Do NOT sign any statements until it is reviewed by a lawyer. You do not want sign away important rights while you are in a state of confusion or are angry.

(6) If are in supervision, the same rules apply. Unless you fight for you, "you" will not be afforded fair treatment. Local management does not want to look bad to their superiors because it gives the impression that they are incompetent and are not doing a proper job of maintaining a discriminatory free work place.

(7) If the incident has caused you mental or emotional turmoil, seek out your doctor or seek a referral to a psychologist, if needed, so that you have medical documentation that the incident was severe enough to cause you to seek out professional help in order to "realign" yourself after the incident.

(8) Always keep your original records. Only give out copies of your statements (reviewed first by an attorney) to management or the union heads. At this point in time, you are entering an adversarial position and everyone is not your friend.

(9) If anyone has physically assaulted you, immediately file a report with the local police and seek out a prosecutor to present charges against the aggressor(s). Also, if needed to go an ER or see your doctor if you were physically assaulted.

(10) Keep a running diary of each day after the incident because you may face some backlash from management or co workers and you need to document this for future testimony. Why? Because they are beginning to retaliate against you and retaliation is a new and separate offense that you can present.

(11) If the harm done to you is severe, you may want to consider resigning because the workplace is considered hostile and you can no longer properly function in such an environment. If you do resign, make sure that you detail your reasons in a letter (again, reviewed first by an attorney) sent to both local management and headquarters.

     Now, some of my personal commentary on workplace discrimination.

(1) White folks do not like black folks telling on them. They feel that since they are in power and/or are white that they have privileges to do to you as they so desire and you are supposed to smile and take it. Some of that we have labeled "white skin privileges" in which you are not deemed credible or important as white folks when you speak or act.

(2)  People of color are at first glance can be deemed suspect as to their testimony since the history of this country has been to  label such people as liars who are deemed not worthy of being seen as credible.

      The virulent racial history of this country informs us that people of color are expendable and their rights to stand up for themselves are not taken as  seriously as a white person.

(3)  When fighting charges of sexism or racism, it is also mindful to note that not every incident that you view as being racial or sexual is, in fact, racial or sexual.

Some of it may simply be that your white co workers or white managers are simply inept people who are clueless when it comes to being a fair arbiter of all things racial or sexual. But, when they engage in acts of racism or sexism, they playing the role of the innocent dunce won't work in a court of law.

      Being a minority in a society in which people of color are vilified or are bombarded with images that bespeak of them as not worthy of credence or belief or they are portrayed as intellectually stilted, means that you have to be precise in identifying what happen to you and who did it to you. None of that, "I think so" stuff but rather, "I know so" stuff.

(4) Management loves to trot out its manuals and policies that speak of justice, fair play and due process when they are caught up in situations wherein they are being challenged for allowing racial conduct to fester in a work setting. That is what they are supposed to do and say because they are out to defend their jobs; and the paycheck that they want to continue to receive.

     In closing whatever path you take, fight or flight, you must make sure that you can live with yourself when the dust settles and that you did not let an oppressor off of the hook nor did you give them an out so that they can continue with their practices of harming people of color.

     Whatever terms of settlement, if any, that are agreed upon, make sure that the terms are terms that you can live with for years to come and especially make sure that the terms of settlement does not include a clause by which you are prohibited to speak to the public about what happened to you and the terms of the settlement.

      Management desires to have those terms in a "closed mouth" agreement so that you can not spread the word of their work place evil and alert others that they too can fight and win! If you can but are not willing to stand up for yourself, don't expect others to do that for you.

Contact Lafe Tolliver at tolliver@juno.com

 

 
   
   


Copyright © 2019 by [The Sojourner's Truth]. All rights reserved.
Revised: 01/30/19 13:58:55 -0500.


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