What do you do next when you have proved job discrimination?

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Hi,

I started typing this post and it ended up being way too long. Suffice it to say that I am having discrimination issues at work such as being with company 2 years and not getting development work despite being a programmer for 25 years, while interns are given work and responsibility I am told does not exist. After 2 years I have not met the business users we work for while it is common for new devs to meet them within the first week. We are currently running radio ads looking for developers because we have so much work, but there never seems to be any work available to be assigned to me.

I have been to HR and they have tried to help but my manager and the other leads will not change. I have proof in the form of emails including one from my manager saying he knows of my condition and is tired of me using it as a crutch. I have indicated a disability on my HR form each year and outlined my condition and some of the common misunderstandings in the comments section of my last review. The point being I have no problems proving a pattern of behavior that is not happening because of misunderstanding.

Anyway, at this point I have gone through the proper channels, documented my case, and am not seeing any changes. This issue has caused me a great deal of stress and I am at the point where either I leave or move to the next level.

My question is -what do you do when you do have proof and can show a deliberate pattern of discrimination over an extended period of time? My company is government regulated so not only would this case cause issues with regard to discrimination, it also falls under the 'waste fraud and abuse' prevention policy which could cause issues for the company at a higher level. The point being, I could do something, but it could end up being the nuclear option and I am not trying to hurt anyone. I am just asking to get development work and be treated at the same level other developers are.

Maybe my only options are to file a complaint or leave. I am just wondering if there are any other options because all I am asking is to be treated fairly and I would think that would not be asking too much.

It may not seem like a big deal, but I have been programming for 25 years and at my age it gets more and more difficult to get work. Keeping my skill set up is imperative. By not being given work I am being harmed at a career level so this is not just a matter of not having perfect conditions, which is how management has tried to frame this.

BTW: I did buy and read the book "Asperger's on the job" and that made it clear that this wasn't my imagination and helped me pinpoint where the source of my issues were. The problem being that, while there was advice for both sides, my manager and the leads have made it clear they don't care and they feel they are above any laws or rules and can do as they please. This makes the compromises and understanding outlined in the book a non-starter.

Thanks for listening and any advice would be appreciated.

My first thought is: Leave the place and work somewhere else. The way you describe it, they seem to be cold and have no understanding of you and your personality. They are not worth working for. With 25 years of experience, it shouldn't be too hard to find another programming job - or just something IT related.

If you have solid proof of discrimination, you can sue them, but that is completely your choice. It sounds like your managers needs to learn the facts of employment and treating people right.

All you can do is document, document, and document some more. Take it to a lawyer who does discrimination law. Ask for his/her honest assessment of your case. In some places, the courts just won't be on your side and you case has to be bulletproof just to get into court.

If you have a good case and decide to do the "nuclear option," have the lawyer do it on your behalf. As an officer of the court, his/her word about having filied a grievance goes farther than yours or your employer's.

Step One would be a formal complaint to HR and to either Federal EEOC or the equivalent state agency. This will help to ensure that anything negative that might happen in your job afterwards will be presumed to be retaliation for your complaint.

A court action only is going to happen if the federal/state investigation chooses to not take action and you have to request a "right to sue" letter. It's not uncommon for them to do nothing even when it's a valid complaint. It seems they take cases with the potential to be "high-profile" more seriously as the outcome looks better when jockeying for more funding at budget time.

Hello, I am experiencing a similar situation, although I have not yet shared my diagnosis with my employers. I realize that if I demand some basic accommodations (such as written instructions), the result may well be that some uncomfortable secrets are exposed ( I’ll spare you the details, but suffice to say the place is as crooked as scoliosis— I read that phrase somewhere—or at the very least exceedingly unprofessional). If the law is on your side, and it sounds like it is, look after yourself. Maybe even the threat of a lawsuit will get some results. It doesn’t sound like these people would like to explain their business practices to government officials— and I hope you are careful not to get involved in any of that shady stuff yourself. Good luck.

I completely understand where you are coming from here. Because I have experienced the same. I have been doing a job for two and a half years and they still won't let me grow and develop or offer me a permanent job. My jobs over these years have been contacted jobs and have always been finishing in November time. Well this year a lot of my colleagues contracts end in December and mine still ended in November and I felt like almost the odd the one out here. I'm 23 and struggle to get a job at that age as well as people at retirement age.

I think this is due to the fact that they know I have Asperger Syndrome and decide to treat me differently to everyone else and I am sick and tired of being discriminated by the managers and team leaders in my department. Part of me wants to move on and find something else but also I don't want to be long-term unemployed again. I am unemployed at the moment and due to the job discrimination, I have lost trust in potential employers now. If I do go back to my previous job and I still get treated differently to my colleagues then I am going to HR to make an official complaint because I have had enough. I just want to be treated the same as everyone else that's all.