Plaintiffs often look to law or organization policy to object to management decisions, especially with new managers feeling threatened by high performers. They observe race and/or gender bias and attempt to resolve it through their employers’ internal channels: meetings with HR or higher-ups or ethics hotlines. Sometimes employers analyze and tackle claims at the source and help managers learn from mistakes to prevent future cases. Most of the time, they either assume managers handle the claim or simply don’t investigate or investigate only to understand if the employee has a legit legal claim and to re-position the claim as a miscommunication and meritless.
Because of this encouragement to report problems, plaintiffs report surprise to hostile reactions from employers when they report, assuming they will be receptive. With no resolution or with termination — and without awareness of the asymmetry of power in the workplace and legal system — employees contact...
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