Discrimination and Retaliation

[driftwood]

Now, here is another question for you.

After 14 years, what has happened that you are assuming that the ONLY reason you are being singled out for this treatment (if indeed you are, which has not yet been established) because of your race?

1.) Not sure I am assuming it's the ONLY reason.
2.) I think in part it feels like retaliation for complaining about one supervisor dividing workloads based on his perception of gender roles.
3.) In 14 years, for the most part it (differential treatment) always felt more about favoritism. Ie, and eventually over time it builds up and starts to feel like something more. Any dispute or any kind of disagreement I am always the one reprimanded. Any kind of recognition for work or any such thing always goes to someone else. IE, my co-workers can be rude and non-responsive and no action is ever taken, and if I challenge their behavior I get reprimanded.
4.) The only other colored person in the whole department asked for a position title change - the supervisor denied the request without even asking or putting in the paper work which led to her leaving. The very next person was hired with that request automatically granted.
5.) 3 months ago, I was treated like a dog and made to "sit" in the corner while infront of peers from different sectors.
6.) And lastly, the feeling that I have a different set or rules than anybody else. I agree that they are reasonable and have no problems with them, but as long as they apply to everybody else.
7.) Being taken in and harrased by my supervisors that I am just collecting a paycheck, and that they don't like my body language (even though I am being "very professional." etc.)
8.) Having seen 5 positions just hired and not one interviewee was colored.
9.) First thing the new supervisors says to me after coming on to the team, was to hint that I should leave and "why do you want to be here, when you can do awesome work somewhere else."


Maybe it's not race and just coincidental, or because I complained in general to begin with so they are making life hard and trying to now chase me out. Like I said no one has come out and said it's because of my race, but then does that mean it's not the case at least in part. I'd like to ask why am I being treated like that? I'd like to know why I am always the one who gets regramanded, why someone who is not an expert in my field gets authority of my work and how I do it, why I have a different set of rules?

 

[cbg]

Here's the thing.

If it isn't about race, then legally you have zip. At at least initially, you have the burden of showing there's a valid and supportable reason to assume that it IS about race.

Can you show that?

 

[driftwood]

That's part of the reason i posted. Am not really sure how to show that I am treated differently etc. i just happen to be a different race and I just happen to be treated differently.


and like I said no one came and called me ****** outwardly.

 

[LdiJ]

That's part of the reason i posted. Am not really sure how to show that I am treated differently etc. i just happen to be a different race and I just happen to be treated differently.


and like I said no one came and called me ****** outwardly.

Are these new supervisors by any chance? It sounds less about race to me and more about personality problems between you and them and them deciding that they want to push you to leave...so they are making your work life more difficult. It is a little stupid on their part if you are the only minority in the group, because that can make it look suspiciously like a racial issue, but I have a feeling that its simply wanting you out.

 

[cbg]

The thing is, it's NOT illegal to treat someone differently. That's one of the big myths of employment law - that all employees have to be treated identically and if they aren't, it's somehow illegal. It's only illegal to treat them differently BECAUSE of their membership in a group protected by law (which includes but is not limited to race). If they're treating you differently because of a personality conflict, or because someone feels threatened by you, or because you do or don't play golf with the boss, or because you like the Red Sox and they're a Yankees fan, then the law is not going to take a stand. The law is ONLY going to care if it's due to a reason specifically protected by law.

 

[driftwood]

Are these new supervisors by any chance? It sounds less about race to me and more about personality problems between you and them and them deciding that they want to push you to leave...so they are making your work life more difficult. It is a little stupid on their part if you are the only minority in the group, because that can make it look suspiciously like a racial issue, but I have a feeling that its simply wanting you out.

One is new, yes. And pretty much is getting complains from ALL the employees. There's alot of truth in what you are saying, that they are trying to push me out and making life more difficult which is EXACTLY the reason I am saying, "hey, why you treating me different than all the white people, is it cause i'm brown, sure feels like it."

In the 14years I've been here, have never for once used the word discrimination, but this is starting to feel that way.

And, our dept has already had accusations of never hiring minorities...

 

[driftwood]

The thing is, it's NOT illegal to treat someone differently. That's one of the big myths of employment law - that all employees have to be treated identically and if they aren't, it's somehow illegal. It's only illegal to treat them differently BECAUSE of their membership in a group protected by law (which includes but is not limited to race). If they're treating you differently because of a personality conflict, or because someone feels threatened by you, or because you do or don't play golf with the boss, or because you like the Red Sox and they're a Yankees fan, then the law is not going to take a stand. The law is ONLY going to care if it's due to a reason specifically protected by law.

I agree, there is no law agains your boss being a sheet head.
So basically it sounds like I don't even have a case for good faith claim OR retaliation?

 

[Paul84]

That's part of the reason i posted. Am not really sure how to show that I am treated differently etc. i just happen to be a different race and I just happen to be treated differently.


and like I said no one came and called me ****** outwardly.

You can prove discrimination by circumstantial evidence; it doesn't need to be direct: i.e. someone using a racial or sexist slur.

Also, retaliation for protected activity such as complaining against discriminatory activity/comments, etc is easier to prove than discrimination. However, if doesn't sound yet as though you've suffered what constitutes an adverse employment action (ie termination, demotion, loss of pay etc). If that occurs, then you need to show that the employer's reasons for the adverse action were pretext and that the adverse action had a causal connection to the protected activity: close proximity in time can do the latter.

At any rate, for Title VII (a federal law), which covers your case, you can claim attorney's fees if successful, so you're more likely to get a lawyer to take your case if s/he sees merit in it. At this point, I'd suggest that you try to get along and document in writing as much as possible. Also, check out the www.eeoc.gov website: there are time limitations for filing claims based on their occurrence and you have to go through the EEOC* process first before making a "federal case" out of it.

Good luck, and I'm not an attorney.

* EEOC = Equal Employment Opportunity Commission, responsible for enforcing Title VII and similar, federal anti-discrimination legislation.

 

[commentator]

Most universities, like other state employments, will have a designated EEOC representative, a person who deals specifically with this type issues in the work place, who conducts trainings and deals with issues related to EEOC issues. Of course, most major universities will be definitely a large employer. The human resources department of this university should be greatly involved in any sort of action against you. You are long way, from the sound of this, from being ready to get an attorney and sue the university, as per the above post. Have you ever discussed your work issues, feelings that you have been discriminated against because of your race with anyone in a higher position? But many of my esteemed cohorts here will know much more than I do. I defer to them.