Archived Filing EEOC complaint while still employed with spot?

[bullseye]

Hey all!

I just wanted to get some input about what you all think would happen to a team member who filed a charge with the EEOC while still employed? Has this happened before that you know of? Is it a bad idea?.( HR & The hotline failed to address the issue) Also... what kind of reprocussions could there be for the team member from spot....?

Thanks!

 

[GlobalJ]

I'd just file it and say nothing about it. But with lack of detail, I couldn't tell you if it's even worth their time. EEOC usually covers cases involving not being hired or being fired for race,sex,age,etc. Unless someone in a protected group is being openly discriminated against, I don't think it would be worth their time.

 

[commiecorvus]

Having had some experience in that area I can say you need to make sure you have complete documentation (and I do mean complete).
A lawyer wouldn't hurt if you can find one who will take on the case.
Be willing to wait for a long time, these things do not happen over night.
Be prepared to be disappointed, Spot has teams of people who specialize in dealing with this stuff and the courts have gotten a lot less friendly in the past few years.

 

[commiecorvus]

Just realized I didn't answer your actual question.
Technically Spot can't do anything to the person who filed.
They are protected by law, in fact it would be more of a problem for them to do anything than it would to just wait the case out.
Most of the cases that have won have been from companies trying to cover up their mistakes and getting caught.
They were charged with the coverups not the original mistakes.

However after the case if over...
I'd find another job.

 

[Anonymous]

I filed an EEOC complaint with a former employer while still employed. I won't get into specifics especially because we eventually settled. However, I feel like they rushed to settle and quite favorably to me as well. Why? Because they demanded part of the settlement include that my employment come to an end and therefore were willing to pay me a little extra. But let's say you were still working for the employer you complained against while it went to an EEOC hearing. You would either need to show proof that you have been tirelessly looking for a new job or have a compelling reason why you are still working for the employer you're taking action against. Why? Because the judge (and likely your employer's lawyer) will ask "If the workplace was so toxic why are you still there?" You'd need to be prepared to answer that. If you can't give an answer that can persuade them, your case will rapidly weaken. My friend is a lawyer and especially with larger corporations you need to try and show a history of incidents happening. Unless 1 incident is especially heinous you need to show the workplace is toxic and they have a history of this happening, not just a 1-off. It sucks but it is what it is!

 

[bullseye]

Just realized I didn't answer your actual question.
Technically Spot can't do anything to the person who filed.
They are protected by law, in fact it would be more of a problem for them to do anything than it would to just wait the case out.
Most of the cases that have won have been from companies trying to cover up their mistakes and getting caught.
They were charged with the coverups not the original mistakes.

However after the case if over...
I'd find another job.

Basically, I reported discrimination to the STL, who in so many words asked me to cover it up. When he realized that I went to Human resources, instead of covering it up, he immediately coached me for something bogus (I had never been coached before, with excellent performance reviews). I contacted the hotline and they did not complete their investigation. They did not speak to the STL that I reported and they also did not interview any witnesses, I know this because the hotline rep told me she was not going to do it. I also requested a transfer to be removed out of the environment of what was going on. when I asked why the investigation was not being completed and why I wasn't being granted to transfer, the response from the hotline representative was "You hit us with a lot". The hotline rep also said "you want to be careful when reporting things regarding other team members", which I found extremely odd, as if she was trying to tell me that I should turn a blind eye. Essentially, the hotline asked me to cover it up and told me that I have to continue working under this manager in this hostile environment. Things have continued to happen, and my manager has been retaliating against me. I am seriously considering going the next step. it's getting to the point that I am so stressed out and anxious every day at work, borderline depressed. I have everything documented.

 

[Barcode]

Wow! That's really bogus. I'm guessing the ETL-HR doesn't care, and the HRBP doesn't either (or are also trying to cover it up)?

Maybe contact a lawyer and see if what you have is enough to take action.

Just to be clear does the discrimination involve you? Are you the direct supervisor of anyone being discriminated against? You were right to report discrimination you noticed, but unless those discriminated against ALSO speak up, you may be limited in what you can do since it might not (??) affect you. If they don't want it reported and you push it, they might not be able to do much.

However depending on how your STL handled the situation, you may have a case for retaliation (also guessing your HR doesn't care). This in itself is something that DOES affect you and you should be able to take action against. Receiving retaliation for voicing your concerns over alleged discrimination is VERY SERIOUS.

Can you give us (or pm me?) details of what kind of discrimination?

good luck.

 

[buliSBI]

I looked into it myself because a number of TMs and myself were passed over a number of times for TL and other positions. I also just took a work harassment webinar for my current job that even covered it.

You have to have repeated documentation or proof that Target discriminated against you that covers a protected classification. @global J and many others were spot on gender, age, race, sexual orientation, religion...

And there are several levels of harassment and discrimination which can be cloudy or questionable legality for a claim. So you have to be very careful on how you present it.

If you file a claim, you will have to out yourself, and if it is dismissed Target can find any minor infractions and use those to term you.

 

[New guy1278]

I filed an EEOC complaint with a former employer while still employed. I won't get into specifics especially because we eventually settled. However, I feel like they rushed to settle and quite favorably to me as well. Why? Because they demanded part of the settlement include that my employment come to an end and therefore were willing to pay me a little extra. But let's say you were still working for the employer you complained against while it went to an EEOC hearing. You would either need to show proof that you have been tirelessly looking for a new job or have a compelling reason why you are still working for the employer you're taking action against. Why? Because the judge (and likely your employer's lawyer) will ask "If the workplace was so toxic why are you still there?" You'd need to be prepared to answer that. If you can't give an answer that can persuade them, your case will rapidly weaken. My friend is a lawyer and especially with larger corporations you need to try and show a history of incidents happening. Unless 1 incident is especially heinous you need to show the workplace is toxic and they have a history of this happening, not just a 1-off. It sucks but it is what it is!

Had a couple questions if you have a minute

 

[buliSBI]

ZOMBIE

 

[Joel]

Had a couple questions if you have a minute

I'd like to ask you some questions too. I'll PM you later.

 

[Hardlinesmaster]

I'd like to ask you some questions too. I'll PM you later.

This is from 2014 orginally.