On this Labor Day I would like to share with you a personal story of when I not only experienced workplace discrimination, but I did something about it. 

Almost twenty years ago now and shortly before I became a paralegal I experienced discrimination when I was working in Scottsbluff, Nebraska as a waitress. The owners assumed I wasn’t a Chicana when they hired me. Once it was confirmed I was indeed of Mexican descent, they were very rude and demeaning toward me but I just endured it. Finally it culminated to me feeling I had no choice but to quit one night when they yelled at me and threatened to report me to immigration services, for no reason. I quit that night and instead they were the ones who were reported – to the Equal Employment Opportunity Commission (EEOC).

I WAS 
Although I knew I had suffered unjust discrimination and I would certainly miss the needed extra income, I was hesitant to make the initial report. I felt that the EEOC might not understand why I felt discriminated against. 

Some of my own family laughed at the situation and said I was too light skinned to suffer discrimination. And in hindsight it is comical to me as well, but when you are sitting there being yelled at by someone who thinks you are dirt after you just busted your ass cleaning their restaurant – laughing isn’t your first instinct. In fact, he made me cry. 

I FLEXED MY RIGHTS
I knew how important it was to let them know that they couldn’t get away with what they did. When I walked into the office, the EEOC officer commended me on filing the complaint. They were very aware of my former employer’s discriminatory practices to their staff and patrons but they never had a legitimate complaint to work with.

I learned a lot about the process of filing a discrimination complaint and what our local EEOC office could and could not do. Such as an employer must have a minimum number of employees in order for the EEOC to be able to enforce the laws. Additionally, the EEOC doesn’t represent you and as you already know, having representation is recommended. The other thing I learned was that I could ask for lost wages. This was my second job and I never picked up another one after that (until they sold the restaurant and I went back to work for the new owners). So I was looking at a year’s worth of wages.

THE OUTCOME
My main objective was to prove to them that they couldn’t get away with what they did and the EEOC helped me prove that so I didn’t ask for much. All I asked for was:

1. A letter of apology
2. $500 
3. And for them to complete a cultural competency training.

The course was what I wanted them to have to take most. They paid me the money and gave me a letter that apologized for “the events that occurred that day.” In my opinion that was no apology at all. And then, they sold their restaurant, which absolved them of the duty to take the course. 

Soon thereafter I went to work for a nonprofit organization whose mission was to promote economic self-sufficiency, social and physical well-being of minorities, farmworkers and other disadvantaged people. As you can imagine, I felt right at home. 

Unfortunately I have been discriminated against in a number of ways over the years in certain capacities for certain reasons. But I will not let that taint my love for my fellow humans, nor will I allow it to be done to me without taking whatever legal recourse may be available to me. 

Not just for me, but to hopefully make things a little more peaceful for future generations. Or if you let Corretta Scott King tell it, she will say “Freedom is never really won, you earn it and win it every generation.”

Click here to see the EEOC’s chart that details how many discrimination cases are filed each year by state, I found it to be very interesting. To learn more about the Equal Employment Opportunity Commission, click here.