Re:Pregnancy Discrimination Is Rampant Inside America’s Bigg...
by dnomad on Saturday June 16, 2018 @12:17AM
(#17325801)
This is not true. If you're an employee actually brave enough to pursue a discrimination a complaint with the EEOC understand that you will be blacklisted and/or subject to retaliation by various firms (not just your immediate employer). EEOC understands that retaliation is rampant [1] but America's very pro-business courts have made it impossible to prove in court. It is hardly "free" and certainly not recommended for most employees to pursue an EEOC complaint.
Re:Pregnancy Discrimination Is Rampant Inside America’s Bigg...
by Spooky23 on Friday June 15, 2018 @10:50PM
(#17325533)
If you work in an incestuous industry like tech, you will be blacklisted in many circles for going down this path.
Re:Pregnancy Discrimination Is Rampant Inside America’s Bigg...
by Phlarp on Friday June 15, 2018 @11:02PM
(#17325576)
And as always, even worse-- You won't ever know if you just aren't up to snuff as an engineer / interviewer or if one or more of your interviewers, recruiters or hiring agents knows of and/or participates in such "blacklisting"
Which is also illegal, but companies openly get away with it every day.
The worst that ever happens is a slap on the wrist when all the major companies have non recruitment ("no poaching") agreements with each other, suppress wages, get caught, and have to pay a token fine.
Re:Pregnancy Discrimination Is Rampant Inside America’s Bigg...
by metiscus on Friday June 15, 2018 @11:52PM
(#17325727)
Those situations can often be solved in much the same way. If someone is giving out malicious references due to an enforcement action, you report it to the EEOC or other agencies. That is also a violation and can result in further action on your behalf. Many states have statutes on the books against blacklisting and you may be able to engage the state DOL or other agencies to help you. These agencies have the full weight of the federal or state government behind them and are not in the habit of losing enforcement actions.
Re:Pregnancy Discrimination Is Rampant Inside America’s Bigg...
by dnomad on Saturday June 16, 2018 @12:25AM
(#17325825)
This is not likely to be the case. It is not so easy to pursue a retaliation complaint. I suggest you look at the case law history here. America is not France where the courts almost always side with employees. It's just the opposite. There's a very high bar for retaliation complaints and it's getting higher all the time [1]. These days you basically need a confession from your employer to establish that the retaliation was the "determinative factor."
[1] https://www.nytimes.com/2013/06/25/business/supreme-court-ra...
Re:Pregnancy Discrimination Is Rampant Inside America’s Bigg...
by fixermark on Saturday June 16, 2018 @12:15AM
(#17325795)
Nobody needs to give out malicious references when everyone just does lunch with everyone else.
Silicon Valley is a small place.
Re:Pregnancy Discrimination Is Rampant Inside America’s Bigg...
by bayonetz on Saturday June 16, 2018 @12:18AM
(#17325807)
Blacklisting is typically done covertly though.
Re:Pregnancy Discrimination Is Rampant Inside America’s Bigg...
by gaius on Saturday June 16, 2018 @01:27PM
(#17328327)
you will be blacklisted in many circles
One revelation of the Damore affair was that Google managers a) participate in blacklisting and b) are utterly brazen about it
Re:Pregnancy Discrimination Is Rampant Inside America’s Bigg...
by mbrameld on Saturday June 16, 2018 @12:08PM
(#17327938)
You left off a pretty important qualifier. If you're willing to entertain the fact that tech jobs exist outside of Silicon Valley, finding another equivalent job after winning a discrimination lawsuit against a former employer is no problem.
[dead]
Re:Pregnancy Discrimination Is Rampant Inside America’s Bigg...
by Spooky23 on Saturday June 16, 2018 @07:39AM
(#17327020)
Are they?
They look overqualified and not a good fit with the team culture.
Re:Pregnancy Discrimination Is Rampant Inside America’s Bigg...
by URSpider94 on Friday June 15, 2018 @10:16PM
(#17325419)
Nit pick: the ADA is a law, not an agency. The DoJ is the agency that will prosecute violations of the act.
To say you have no options is incorrect. Bona fide violations of law are routinely handled by these agencies at no cost to the victim and are very often successful.
https://www.eeoc.gov/federal/fed_employees/filing_complaint....
https://www.eeoc.gov/eeoc/newsroom/wysk/conciliation_litigat...
https://webapps.dol.gov/elaws/whd/fmla/13.aspx
Edit: ADA to DOJ
https://www.ada.gov/filing_complaint.htm