Discrimination in the workplace-Do I have a case?

[dbrodit82]

What is the name of your state (only U.S. law)? California

I believe my co-worker is the target of discrimination. We are in the same department and my supervisor treats her differently than the rest of us in a negative way. I think there is discrimination going on for the pure fact that others do not get treated this way by the supervisor. Just my co-worker. I'm tired of watching this and would like to do something about it. Here are some examples below:

-My supervisor imposes certain procedures only to my co-worker and not to the rest of the team.
(she cannot use the bathroom at certain times, is not allowed to chit chat with other co-workers. However, the rest of us do not have these rules)
-Although my co-worker has been with the department the longest, certain tasks and projects for advancement go to the lower seniority staff
-If a staff member makes an error, it is not addressed. However when my co-worker makes the same error it gets addressed and sometimes her mistakes are broadcast to the whole department

My supervisor is also guilty of bullying, using abusive language and badgering, however I know that type of behavior is not illegal in the workplace. But given the examples listed above, could this be a case of discrimination?

 

[Proserpina]

What is the name of your state (only U.S. law)? California

I believe my co-worker is the target of discrimination. We are in the same department and my supervisor treats her differently than the rest of us in a negative way. I think there is discrimination going on for the pure fact that others do not get treated this way by the supervisor. Just my co-worker. I'm tired of watching this and would like to do something about it. Here are some examples below:

-My supervisor imposes certain procedures only to my co-worker and not to the rest of the team.
(she cannot use the bathroom at certain times, is not allowed to chit chat with other co-workers. However, the rest of us do not have these rules)
-Although my co-worker has been with the department the longest, certain tasks and projects for advancement go to the lower seniority staff
-If a staff member makes an error, it is not addressed. However when my co-worker makes the same error it gets addressed and sometimes her mistakes are broadcast to the whole department

My supervisor is also guilty of bullying, using abusive language and badgering, however I know that type of behavior is not illegal in the workplace. But given the examples listed above, could this be a case of discrimination?

It may be discriminatory, but nothing you've said indicates that it's illegal discrimination.

(And most discrimination is legal)

With that said, how many other women work there and do they have the same things going on?

 

[Nellibelle]

It may be discriminatory, but nothing you've said indicates that it's illegal discrimination.

(And most discrimination is legal)

With that said, how many other women work there and do they have the same things going on?

Though it appears that other women work there, it seems like this one woman is the only one receiving such behavior toward her. I don't see any discrimination that is actionable.

 

[Proserpina]

Though it appears that other women work there, it seems like this one woman is the only one receiving such behavior toward her. I don't see any discrimination that is actionable.

Precisely.



I dunno. Maybe she has bad BO. Still wouldn't be actionable.

 

[justalayman]

but to the actual question the OP asked:

Discrimination in the workplace-Do I have a case?

no. Even if it was discrimination, you would not have a case.

 

[Proserpina]

but to the actual question the OP asked:






no. Even if it was discrimination, you would not have a case.

Dagnabbit!

Ooops

 

[dbrodit82]

It may be discriminatory, but nothing you've said indicates that it's illegal discrimination.

(And most discrimination is legal)

With that said, how many other women work there and do they have the same things going on?

Thanks for your response. The department is all women. There are a total of 10 of us. None of the other women experience this kind of behavior from my supervisor. Just my co-worker. Now the next thing i'm going to say is that I think my co-worker is being discriminated against for age, and race. She is the youngest one there and of a different ethnicity than everyone else. That is the only logical explanation I can see as to why she's being treated that way. I know for sure being discriminated against for age and race is illegal. The only question is how to prove it correct?

 

[dbrodit82]

Thanks for your response. The department is all women. There are a total of 10 of us. None of the other women experience this kind of behavior from my supervisor. Just my co-worker. Now the next thing i'm going to say is that I think my co-worker is being discriminated against for age, and race. She is the youngest one there and of a different ethnicity than everyone else. That is the only logical explanation I can see as to why she's being treated that way. I know for sure being discriminated against for age and race is illegal. The only question is how to prove it correct?

Also, is it illegal for people to work for free? (working during their lunch break and after dept hours but not claiming it on their timesheet)

Several people in my department do that.

 

[dbrodit82]

Though it appears that other women work there, it seems like this one woman is the only one receiving such behavior toward her. I don't see any discrimination that is actionable.

Thanks for your response. The department is all women. There are a total of 10 of us. None of the other women experience this kind of behavior from my supervisor. Just my co-worker. Now the next thing i'm going to say is that I think my co-worker is being discriminated against for age, and race. She is the youngest one there and of a different ethnicity than everyone else. That is the only logical explanation I can see as to why she's being treated that way. I know for sure being discriminated against for age and race is illegal. The only question is how to prove it correct?

 

[Proserpina]

Thanks for your response. The department is all women. There are a total of 10 of us. None of the other women experience this kind of behavior from my supervisor. Just my co-worker. Now the next thing i'm going to say is that I think my co-worker is being discriminated against for age, and race. She is the youngest one there and of a different ethnicity than everyone else. That is the only logical explanation I can see as to why she's being treated that way. I know for sure being discriminated against for age and race is illegal. The only question is how to prove it correct?

Okay, I'll play.

1. How old is she? If she's younger than 40, age discrimination goes out of the window. You don't know what you think you know

Now. Race? How long has she worked there?

 

[Eekamouse]

OP, You're kidding, right? YOU don't have a case because everything you've related in your posts clearly indicate that all of your complaints don't even involve you. YOU'RE not the victim. You're just a busybody who wants to stick her nose into something that is not her problem or business. Let your co-worker deal with her situation. You don't have a superhero cape that gives you the right to take up this fight for her. You're just setting yourself up to anger the higher-ups and possible find yourself fired for your interference in someone else's affairs.

 

[Zigner]

Also, is it illegal for people to work for free? (working during their lunch break and after dept hours but not claiming it on their timesheet)

Several people in my department do that.

An employer must pay for all hours worked. An employer must give time off for lunch.

An employee may be fired for failing to take lunch at the appropriate time.

 

[Silverplum]

Thanks for your response. The department is all women. There are a total of 10 of us. None of the other women experience this kind of behavior from my supervisor. Just my co-worker. Now the next thing i'm going to say is that I think my co-worker is being discriminated against for age, and race. She is the youngest one there and of a different ethnicity than everyone else. That is the only logical explanation I can see as to why she's being treated that way. I know for sure being discriminated against for age and race is illegal. The only question is how to prove it correct?

Age discrimination is not about the person being YOUNG.

 

[commentator]

What you are doing is taking up the offensive for someone else in your workplace who is not prepared to do it for herself. While you may enjoy your role as her mentor, defender and confidant, you are actually creating more problems than you are solving.

What this person may really need to do is find another job elsewhere, and management is trying to encourage that happening, and it might be the very best thing for this person. Who are you to throw yourself vainly on the fray, defend her and assure her she has a lawsuit she can file for the way these mean old turkeys are treating her.

We used to call this "playing Norma Rae" though I guess that reference is very outdated now. And believe me, in the unemployment system we saw quite a few of these defenders of other people's rights who found themselves suddenly unemployed.

The information you're providing is incorrect, too, there's no protection against age discrimination if you're young. And in order to show racial discrimination enough that EEOC would give her a "right to sue" letter which would be the steps she'd have to follow, there would have to be a pervasive pattern of discrimination. That they treat one employee poorly and that employee is Oriental, say, does not necessarily indicate they are discriminating against her because she is Oriental. Especially if she is otherwise deserving of the reprimands she receives, there is no obvious pattern of the employer doing this to other Orientals who work there (I know, she is the only one) and that there is no evidence that the employer holds racially biased views which would motivate them to mistreat her or discipline her unjustly. (Such as comments they have made or reasons they have given for what they do regarding her.)

What your co worker needs to do is either change her performance to suit the boss or be looking for another job and moving on. Your advice and support isn't helping her unless you encourage these things. From the sound of it, your boss loves favor-currying time-donating older women, and this isn't a good job for someone young regardless of race, sex, creed or religious affiliation.

 

[Mnemosyne]

That they treat one employee poorly and that employee is Oriental....

Oriental? Yikes, I thought that term went the way of colored.

Sigh.