Taking The Fear Out Of Reporting Discrimination - What To Do
As an HIV survivor I am often surprised to hear and read many of the horrible things that happen to us, including job discrimination. What is equally disturbing to me is when someone tells me they have witnessed discrimination but says 'I could not get involved because it's not my problem.', 'I don't want to make waves.', or 'I am afraid I would get in trouble if I say something.'
I have also heard and read discrimination cases where the HIV survivor was afraid to say something out of fear. To the witnesses afraid or too callous and indifferent to speak up, I say shame on you. To the HIV survivor who experiences employment discrimination, I say stand up for yourself.
While it is easier to give this advice than to live by it, it is important you take a stand. If you experience discrimination, tell someone. Tell your friends, your family, and most importantly, the EEOC or your local state's Human Relation's Commission. If you have experienced discrimination, it cannot hurt to report it to the EEOC. If you are a witness to discrimination your employer cannot fire you if you have witnessed discrimination. If they do, it is called retaliation.
What To Do
1. Gather all of the information you have to support your discrimination claim.
2. Visit the EEOC's website to file a charge. It is here: http://www.eeoc.gov/employees/howtofile.cfm.
3. Complete the EEOC's online assessment (link on the page above) to make sure you should file the complaint through the EEOC.
4. Finally, file the charge. All you need to do send a letter to the EEOC with the following information:
5. The EEOC will respond with a confirmation letter and a form outlining the complaint that you will have to sign and date. Be sure to read all documentation to ensure it is correct before signing, dating and returning the document.
From personal experience with discrimination, starting the EEOC complaint is the easy part and the process is very empowering and will give you the opportunity to stand up for yourself. What is not so easy is facing the people who discriminated against you and it can be an uncomfortable experience. Remember, if you experience discrimination, tell someone and never ever be afraid to ask for help. I will talk about my own experience with discrimination as an HIV Survivor and what I did to get through it in part 2 of 'On Pins and Needles'.
As an HIV survivor I am often surprised to hear and read many of the horrible things that happen to us, including job discrimination. What is equally disturbing to me is when someone tells me they have witnessed discrimination but says 'I could not get involved because it's not my problem.', 'I don't want to make waves.', or 'I am afraid I would get in trouble if I say something.'
I have also heard and read discrimination cases where the HIV survivor was afraid to say something out of fear. To the witnesses afraid or too callous and indifferent to speak up, I say shame on you. To the HIV survivor who experiences employment discrimination, I say stand up for yourself.
While it is easier to give this advice than to live by it, it is important you take a stand. If you experience discrimination, tell someone. Tell your friends, your family, and most importantly, the EEOC or your local state's Human Relation's Commission. If you have experienced discrimination, it cannot hurt to report it to the EEOC. If you are a witness to discrimination your employer cannot fire you if you have witnessed discrimination. If they do, it is called retaliation.
What To Do
1. Gather all of the information you have to support your discrimination claim.
2. Visit the EEOC's website to file a charge. It is here: http://www.eeoc.gov/employees/howtofile.cfm.
3. Complete the EEOC's online assessment (link on the page above) to make sure you should file the complaint through the EEOC.
4. Finally, file the charge. All you need to do send a letter to the EEOC with the following information:
- Your name, address, and telephone number
- The name, address and telephone number of the employer (or employment agency or union) you want to file your charge against
- The number of employees employed there (if known)
- A short description of the events you believe were discriminatory (for example, you were fired, demoted, harassed)
- When the events took place
- Why you believe you were discriminated against (for example, because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information)
- Your signature
5. The EEOC will respond with a confirmation letter and a form outlining the complaint that you will have to sign and date. Be sure to read all documentation to ensure it is correct before signing, dating and returning the document.
From personal experience with discrimination, starting the EEOC complaint is the easy part and the process is very empowering and will give you the opportunity to stand up for yourself. What is not so easy is facing the people who discriminated against you and it can be an uncomfortable experience. Remember, if you experience discrimination, tell someone and never ever be afraid to ask for help. I will talk about my own experience with discrimination as an HIV Survivor and what I did to get through it in part 2 of 'On Pins and Needles'.
Mr. Angelis,
Oh, if only things were that simple....
The few steps you list are thoroughly inadequate to protect yourself against retaliation for having filed charges of discrimination in the first place.
For decades, I worked for the Pennsylvania Department of Labor and Industry, which writes the laws and contractual agreements that govern PA employer/employee relations.
During my last few years there, I was required to falsify public records while being subjected to public supervisory admonitions to "straighten up, get back with the Roman Catholic church, and get married," and "not touch (other people) because (I) might have 'the AIDS'."
I can't POSSIBLY list the names of all the state/federal/union/political officials I contacted. All agreed that my former employer created an "abnormal working condition," but I'll wager I'm one of the very FEW who saw any compensation for that abuse.
See YouTube:
http://www.youtube.com/watch?v=im7UGqKfeiQ
PS--my former employer sued me for posting this video, and lost.
Thanks for the posting, however I must agree with the first post. That it is not really that easy. And yes to report such things that should not happen is a risk not many (myself included) are willing to take. 1. Fear 2. Support 3. Change(fear of it at least). We do have a long way to go...on this road to end job discrimination.
My partner sued his employer which was mine as well, for revealing his hiv status back in the 90's , and it was nerve wrecking and stressful for both of us , he and the co. settled out of court , we just wanted it to end , but we did it knowing our rights of that nature ! Just wanted to share my past experience !
Hey what about discrimination outside of work ? When the rednecks where i was living when i learned i had hit full blown aids status found out i have AIDS they made it thier favorie hobby to arrest me for driving under the influence of my aids meds . Meds wich in no way impaired my ability to operate a motor vehicle . I have been in jail 4 times totalling 53 days , it cost mmy entire years social security causing me to lose my home , truck and during all of this my nieghbors even poisoned my dogs my CHILDREN since i got hiv at 18 and 4 legged furry kids are the only children either my wife or myself will ever have . Anyway i was all alone during all of this and ready to end it when i wrote my wife through the personals here on poz and i met her and got the first hug since my AIDS diagnosis once again gaining a little hope . Anyway i just wish there was ANYTHING i could do to regain even part of when all i lost because when i met Kathleen all i had was a piece of crap computer and a handful of old worn out work clothes . Sorry for my rant but this is RIDICULOUS that i have been punished so severely and repeatedly for a virus i contracted at 18 yrs old through heterosexual sex the fourth time i even had sex .
I don't have time at this moment to go into what I would like to say on this post other than it is 'close' to what is bubbling inside my head and has been for 26 F**KING years!
Please DO respond if I have made any kind of point and I will come back and tell a story or two. In the mean time thank you for the article Daniel, but I am sorry to also say this discrimination runs much deeper and silent than where you have taken it.
I would encourage you to look into asking the question those us graced with this diagnosis; "How do you feel about the psychological effects on yourselves of being discriminated against by the majority of the world who you attempt to come into contact with for a bedroom interlude and you hear, "Are you "disease free?" " ... My story of course goes deeper, but as I premised - No time.
Is it possible that the effect that current 'activists' and 'community leaders' practice by teaching eradication techniques is perpetuating fear in the public and stimulate further discrimination against us through the promotion of 'safe sex' and not even discussing transmission realities, or by not going after the drug companies for a cure? IS IT?
Our 'leaders' are taking the easy way out and waiting for all of us to die off and then they will have their AIDS/HIV free world back and drug companies will be able to continue raping the world by charging exorbitant prices for pills rather than cure the GRAND-DADDY disease of them all. We all know to take that approach would put corporate drug lords out of fucking business if they announced the fact that they have had a cure for every ailment known to man today!?
Below is my contribution to a conversation with a married man here in the town that I reside who hit on me for head and requested that he wear a goddamned condom so he would not get AIDS from me while I sucked his d**k:
me) ** you didn't offend me. it is a rather common misunderstanding. i often get that from men down here in this particular "bubble" of the world. surely you're intelligent and empathetic enough to understand that question gets to be very annoying for me - it says one of two things; either the people who speak, work, teach (and earn very good incomes), in our community are not talking about the minimal transmission risks and are simply saying "put a rubber on it," and going out to lunch on Uncle Sam, or you haven't reviewed the medical facts appropriately - either way it is a HUGE irritant to me as i am sure you may be able to imagine (?) what it's like to walk around being in perfect health (not having even a cold for the past 15 yrs), looking better than everyone else around you, having a great mind and body, and yet you get treated like a leper. yeah i'm sure you can relate to not having a partner to share your entire life with. i mean you're 'MOMARRIED' and you're obviously not in that type of a relationship either - perhaps they are a thing of fiction. so go ahead and wear your condoms and cheat on your partner and think everything is alright buddy, but i will tell you that you will NEVER get to hear this story from ANYONE like me again (and you are surrounded by us). happy hunting and jet me an email if you're ever in town. maybe we can 'hook-up' .. good day sir! ;)
Wow. I was really pissed off! I am so tired of this discrimination everywhere I go, and in every/anything that I do...
Here is the guys reply - I feel it was very thoughtful of him to come to terms with his demons and respond to me - It really shows his respect. It also shows me that telling people (not always!) is very important and doing so can sometimes bring peace to both sides.
Here is his feedback:
Well, I apologize. I think I do understand where you are coming from. I'm sorry I made you
feel that way.
Yes, I am married and yes I feel bad that I cheat on her. It's just that over the years I have become more aware of my attraction to men and acted out on that only a couple years ago and now can't seem to kick the urge to be intimate with a guy every now and then. But I do stay committed to her in every other way. I have never been with another woman and really care for her but also know that she would not understand this attraction for men. I know it would hurt her if she knew. It is something I feel a great amount of anguish over.
It is because of this dilemma with her that I try to be extra careful that I don't catch anything (not just HIV) that I could bring home to her. I confess to being ignorant about some aspects of the transmission of diseases. I truly didn't meant to insult you and feel bad that I have. It sounds like you have been shown disrespect by some people and I regret that I have added to that. Please accept my apology.