All kinds of businesses and industries depend on custodians to ensure that facilities are safe, sanitary, and ready for customers, clients, and employees. If you are a custodian, you have a hard job, and you depend on your paycheck to take care of your family.
Custodians – just like all other employees – are protected by federal and state laws that prohibit discrimination. If you are a custodian who has suffered workplace discrimination, you do have rights and there are resources available to help you if you have been mistreated by your employer.
You should maintain a file of documentation that details your situation. That way, if you suffer discrimination, harassment, or other actions you will have the evidence that you need to back up your claim. Any claim requires evidence to succeed as it advances through the system.
How a Custodian May Experience Workplace Discrimination
Custodians take care of factories, schools, prisons, libraries, offices, hospitals, nursing facilities, surgical centers, residential buildings, and so forth. Both men and women fill these roles, but unfortunately, discrimination does occur.
Discrimination can sometimes be more discreet than others, and there are many kinds of discrimination. Discrimination includes age, disability, race, ethnicity, religion, sexual orientation, and many other things.
It is illegal for an employer to discriminate against an applicant or an employee. If you have been the victim of discrimination, you do have rights. Odds are you are not the only person that the employer has discriminated against.
You will need to gather documentation and evidence to support your claim. You must prove what happened, how it happened, and how your employer responded to your complaint. You have rights and the laws are on your side.
As an example, you are a male custodian at a library and the director is not pleased with the way you cleaned the study rooms. Instead of addressing the issue, she commented, “If you were a woman, this would have been done properly.” Or she said, “I should have hired a woman to get the job done right.” Either of those are discriminatory remarks.
Another example of workplace discrimination would be if an immigrant were working as a custodian at an office building and the supervisor comments, “Let me show you how to clean this properly because I hear your country is not as clean as we are here”. Remarks like this can be considered discrimination.
Filing a Discrimination Claim Against Your Employer
If you have been the victim of workplace discrimination as a custodian, you will start the claims process by notifying your employer of the event. This is done by speaking with a manager or supervisor or with the company’s human resources department.
Provide copies of the evidence, and you will also need to keep proof of filing your claim with them. You should maintain thorough documentation throughout the claims process. Document how your employer responds and keep any correspondence that you receive from them regarding the matter.
If your employer does not resolve the issue, the next step will be to file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC oversees and enforces such laws. The EEOC will investigate and they will speak with your employer.
You can file your claim with them online or you can schedule an appointment at one of the EEOC field offices. If the EEOC does not get the matter resolved satisfactorily, or if they find a pattern and determine the law was broken willfully, they will suggest that you pursue a lawsuit against your employer.
Through a lawsuit you can ask to be compensated for the damages you suffered because of the discrimination. An employment law attorney will help you through the process.
Help With Your Discrimination Claim
If you have suffered workplace discrimination as a custodian, you should enlist the help of an employment law attorney who handles workplace discrimination claims. With the help of a lawyer, you are much more likely to succeed with your claim.
Your attorney will be familiar with the state and federal laws that apply. Your attorney will also investigate your claim and gather additional evidence and documentation.
When you retain the lawyer, discuss the payment programs because some attorneys require a retainer while others work on a contingency basis and are not paid until you win your claim and recoup compensation for your losses. To ensure your claim is underway before time runs out, complete the Free Case Evaluation Form to share details with an attorney who handles workplace discrimination cases in your state.
