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The American Civil Rights Project has produced a guide to whistleblower rights that you should know about. You can find it here.
We’re all aware that in recent years, too many public and private institutions have explored the trendy but potentially illegal territory of race and sex discrimination in the name of diversity, equity, and inclusion (DEI). They include policies like hiring quotas dressed up as diversity goals, trainings that shame employees for their skin color, and HR policies that sort people by group identity instead of individual merit. These actions aren’t just bad ideas; they’re almost always violations of federal and state civil rights laws (not to mention, in many cases, the policies of the very workplaces where they occur).
Recently, there has been a popular movement against DEI policies, but the DEI advocates who populate corporate and academic DEI offices have not backed down. Instead, they give the same old race and sex discrimination a new name. In other cases, like that of the editors of the Harvard Law Review, they continue seemingly unlawful policies while attempting to conceal them from external scrutiny.
Regardless of the strategy, the only way law and justice can thwart DEI advocates operating behind closed doors is for normal Americans of all races to blow the whistle and invite civil-rights authorities to clean up their workplace. If you’ve seen unlawful discrimination—or if you suspect unlawful discrimination—you don’t and shouldn’t accept it. The rest of us—courts, investigators, civil rights advocates—can’t stop illegal discrimination unless someone reports it. If you see something, say something.
Contrary to the impression the purveyors of prejudice seek to create, you’re neither alone nor powerless. Most Americans oppose race and sex discrimination, and our laws reflect that consensus. They protect not just victims of discrimination, but also the people brave enough to speak up and report it. If that’s you, the law is on your side.
A thick web of federal, state, and corporate laws and policies specifically protect whistleblowers, those who speak out against or report illegal discrimination from retaliation. Title VII of the Civil Rights Act is just the start. Others include the Whistleblower Protection Act, Sarbanes-Oxley, and Section 1981 of the Civil Rights Act of 1866. Depending on your job or jurisdiction, you may have additional rights. These laws don’t just make retaliation illegal—they give you the right to recover damages and, in some cases, reinstatement if your employer retaliates anyway.
But—and this is critical—you need to move quickly. Many of these laws come with short deadlines: sometimes 180 days, sometimes 90, sometimes just 30. That’s why you first need to talk to a lawyer (usually an employment lawyer) who can give you advice specific to your situation and the deadlines that apply to it. That—talking to a lawyer—is a protected activity, too, and you might be able to recover significant damages from an employer who retaliates against you for doing so. Talking to counsel is one of the best ways to protect yourself while doing the right thing.
If you saw something, the clock is likely already ticking, so don’t wait. Call for aid! Do your part, and together we’ll tackle DEI.
