How to Fight Illegal Retaliation & WIN - EEOC Tips for Employees

A common fear for employees who are fighting employment discrimination, AND one of the most common forms of retaliation, is losing our job. Retaliation is illegal, but that doesn’t stop employers from doing it.

Federal employers use Performance Improvement Plans (PIP) to put sub-par performers on notice. The PIP sets up improvement goals. If we don't meet the goals, we get fired. A boss who wants to fire us usually can, by making PIP goals subjective & too difficult.

NASA tried it with me, and managed to pull it off with Santos.

Santos’s supervisor gave him an impossible assignment. He couldn’t pull it off & she used that assingment to justify putting him on a PIP, even though his performance was above average. He failed to meet PIP goals & was fired.

The Merit Systems Protection Board and Federal District Court upheld his firing. Federal Appeals Court questioned why NASA put Santos on a PIP in the 1st place.

Lessons Learned:
- What your employer did to others before you, they’ll try with you. Research other cases!
- ALWAYS Fight back against unfair discipline and illegal retaliation!

Most of us believe if we cooperate, our employer will treat us fairly. When you’re facing illegal retaliation, your employer is actively trying to HARM you! Cooperating is only gonna make that easier for them.

FIGHT!

1. Review written policies & itemize all the violations you can. Policy violations raise questions at EEOC.
Get: Collective bargaining agreement, employee handbook, plus written policies for discipline, handling performance issues & employee misconduct, processing EEOC claims, reasonable accommodation, harassment and timekeeping.

2. Get documents to challenge pretext about performance & conduct:
Performance ratings (2-3 years), awards, commendations, summaries of leave usage. I even emailed copies of my timesheets after I filed my claim.

3. Document & challenge the violations in email.
Start by stating observable facts. Then ask questions about each violated policy. Questions can put them in a Catch 22 & may even stop retaliation in its tracks!

My email... an example:
Observable Facts:
"When we met with (REDACTED) about my discrimination claim today, I was put on notice that your office intends to put me on a Performance Improvement Plan (PIP). "

Policy Violations (PV-) & Questions I Asked:

PV-1: Threatening me with a PIP in the context of a discrimination claim.
"Could you please clarify what your office plans to do to address my complaint of discrimination, in addition to putting me on the PIP? Will my supervisor’s discrimination be addressed as well? I’d like to understand your plans. "

PV-2: Diversity Manager delivered the threat for my boss.
"Could you please direct me to the NASA policy that gives your office authority to discipline me for the performance shortfalls that were alleged in our meeting? I cannot find a policy that would allow it."

PV-3: My performance wasn't sub-par, so PIP was inappropriate.
"Could you please clarify how your office determined that putting me under a PIP was an appropriate course of action? I understood PIPs are a means of correcting sub-par performance. I have had no indication from my supervisor that my performance has changed since my last outstanding rating, a few weeks ago."

PV-4: They violated my legal rights to due process & representation. I asked. They refused.
"Could you help me understand what your office is proposing, so that I can evaluate my options for due process & appeal? I 'm concerned about being put on a PIP under these circumstances."

PV-5: They violated reasonable accommodation policies.
"Finally, I would like to understand how your office plans to proceed with my original Request for Reasonable Accommodation. It has been over a month since I first sent my written request to you (see attachment). I still have not been accommodated and my medical needs remain urgent."

Professional courtesy:
"Please let me know if you need anything further from me.
Thanks,
L.C."

00:00 - 00:27 Intro
00:28 - 02:39 Santos v. NASA
02:40 - 03:19 Lessons Learned from Santos
03:20 - 03:56 How to Fight Back
03:57 - 04:38 Document Retaliation
04:39 - 04:38 Challenge Retaliation
06:17 –06:48 Wrap up

---- All opinions are my own. Not LEGAL advice. Just me sharing my perspective as an employee who went through the EEOC claims process & won. I am not an expert at all things EEOC. While I do my best to be factual in my observations, viewers should assume that all observations or statements are ALLEGEDLY. Do your own research. Never trust your fate to YouTube!

[DRII-yvyt]

Another great video! I would also recommend that using a specific and NEW web based email account to send documents and other communications to regarding one's case. This is to help ensure that the Agency's counsel can't get their hands on your normal personal email through discovery.

[tiffygirl]

“Whatever your employer has tried with someone before you, they’ll try it with you too”….exactly what my sister is going through right now. However, the other employees did not fight back. My sister is. She has an active EEOC case as well as having an attorney.

[Lila]

You are a bada**!!! ❤️❤️❤️ I have been searching for folks that have gone through this type of situation to get their experience and could not find anyone who can talk about it until I found this YouTube channel. Thank you so much!

[Usernotknown]

Watching your videos helps me understand the sneaky tricks employers try. It also helps me confirm I'm not just paranoid.

[wffw]

You just don’t know how much you have helped me during this time… the motivation you give me and all that you share. THANK YOU SO MUCH…

[marialove]

So well said. I was retaliated against too. As far as their policy's they violated them as well.. I was seeing what they were doing with ppl that had medical conditions and came back from FMLA. Management would put then on probation and say they had preforming problems. I knew it wasn't their performance issues. It was having a medical condition. They then decided to do the same to me. They terminated me after I submitted a work excuse and no longer wanted to accommodate my disability. I'm fighting back. I look forward to your videos. People need to know discrimination and retaliation does happen. You just need to fight back.

[Gypsy]

You are a hero, sending you positive energy and light for the education and knowledge you gave us. I wish i have your ability and network to fight. Discrimination at work should classified as human right violation

[bethw.]

Love the advice! You are helping lots of people !

[Workaholic]

😧 spoke to ME! 👏👏👏 Thank you so much for the time & wisdom you share with us. I’ve got my best gear on & I am too a fellow Veteran who will fight til justice with Godspeed!

[kichierivers]

Could you inform individuals about the blue book, who investigates, and how important your statements become. Also could you speak about emails and the importance of evidence preservation. Also can you speak about, not having to be at your employer to file an EEOC

[UFRooster]

I’m starting to learn:
1-Keep your mouth shut, do not say anything to coworkers, THEY ARE NOT YOUR FRIENDS!
2-Know all your rights
3-Collect all data possible with as little attention as possible.
4-Be polite, but challenge using questions as if you are the most ignorant person in the world.
5-If they want you gone, you’re gone, but be sure to make it as difficult as possible while retaining the high ground and leverage!

[mkline]

I got let go for work performance. HR told me that I could Still work for WFM company at other locations that I was eligible for unemployment. I filed and got denied benefits. Hr told edd it was more misconduct and told edd incidents fm last year.
Is in it on the last incident

[danamccarrick]

bullying needs to end in the corporate world and with law enforcement 👍👍

[ladyj]

Yes, yes, I'm going through this 2nd year in a row, yet they say don't quit. I have been set up the same way as Santoes. My association actually works against u with the employer trying to get u to back down. Their efforts are unbelievablely evil. 2nd year, I am weary, and they set me up for failure and denied all my accommodations . I am suffering now. It is sad

[MisFitChicago]

You’re a rock star. When’s the roadshow.

[Ooohmy]

This sounds identical to my story.. it's textbook!

[bharris]

I have a mediation coming up with EEOC and the previous company I worked for. How do I file for retaliation I was forced to quit 3 days ago

[RK-rhrh]

I have a few questions for you if you don’t mind.1 what are the signs of being retaliation from your manager and employees ?

[RR-nlep]

A grievance might not go anywhere. If the EEOC does not work, file a OSC complaint because they have the authority to investigate. EEOC and OSC have a memorandum of understanding.

[RK-rhrh]

What do you do when the head of human resource doesn’t reply to emails or phone calls ?