Indianapolis Employment Law Blog

On Oct. 21, a one-time city of Indianapolis employee filed a reverse discrimination lawsuit in federal court against his former employer. In his filing, he accused them of having fired him because of his age and race. He also said that he believes his firing had to do with him verbally expressing his support for President Donald Trump and regularly wearing a "Make America Great Again" baseball cap to work.

Up until his firing in April, the self-described Caucasian employee worked for the city's Department of Public Works. He noted in his filing that he was born in 1958.

If you're an Indianapolis waitress, you work hard for your tips. You realize that the paltry hourly wage you're paid will never pay the bills. You need to remain fast on your feet, have a keen memory for orders and regulars' favorites and a ready smile for all you serve in order to make ends meet.

But there's another, darker side to restaurant work that few realize — the endemic problem of sexual harassment on the job. One survey done in 2014 studied nearly 700 restaurant workers. Of that total, 80 percent reported that they had experienced on-the-job sexual harassment from their customers. Another two-thirds had been harassed by their managers and 50 percent by co-workers.

The Family and Medical Leave Act (FMLA) is in place to provide eligible employees up to 12 weeks of unpaid leave per year for a qualifying condition, such as the birth of a child or to care for an ill spouse.

To take advantage of FMLA benefits, you must first determine if you're eligible. If you are, it's time to take a few key steps.

As an employee, you hope that workplace discrimination never comes into play. However, if it does, sitting back and hoping that everything works out is not the best approach.

There are many ways to deal with discrimination as an employee, with these tips critical to your long-term well-being:

• Tell your employer: Make it clear to your employer that you are the victim of discrimination. This will ensure that everyone is on the same page as to what happened and the resolution you expect.
• Keep evidence: Maybe you have a photo associated with the act of discrimination. Or maybe you have an email that proves what went wrong. Regardless of the type of evidence, collect it for future use.
• Review your employee handbook: This is where you will find your company's anti-discrimination policy. It should give you a clear idea of the steps to take.
• Contact the Equal Employment Opportunity Commission (EEOC): If you don't get satisfaction from your employer, this is the best way to take things to the next level.