racial and sexist slurs

[Jonas2]

What is the name of your state (only U.S. law)? PA
Since the beginning of this year I have reported to HR several instances where people were referred to as black bitches, ******, **** and each time there has been no investigation. My work schedule has been slowly growing smaller since I started this. I have sworn statements from former co-workers who have said that our Area Manager had approached them and said it would be in their best interest to stay out of it and not to speak to HR. The situation only keeps getting worse because everyone knows I went to Hr and they are aware nothing is being done. After being employed for over 15 years this is the first time I have ever wanted to quit. Would it be feasible for me to contact the EEOC or should I just move on?

 

[quincy]

What is the name of your state (only U.S. law)? PA
Since the beginning of this year I have reported to HR several instances where people were referred to as black bitches, ******, **** and each time there has been no investigation. My work schedule has been slowly growing smaller since I started this. I have sworn statements from former co-workers who have said that our Area Manager had approached them and said it would be in their best interest to stay out of it and not to speak to HR. The situation only keeps getting worse because everyone knows I went to Hr and they are aware nothing is being done. After being employed for over 15 years this is the first time I have ever wanted to quit. Would it be feasible for me to contact the EEOC or should I just move on?

Is it one person who has been using the offensive language? Is there a good reason for the language that is being used (i.e., does the speaker have Tourette's)?

If you contacted HR about the problem of offensive language being used in the workplace, and nothing has been done to correct it, you can contact the EEOC. Or you can just move on.

 

[Jonas2]

"It is a couple different people and no reason that I am aware for the foul language. I was asked once by HR " if i said something first that made him call me a 'C'? " If i decide to resign can I still file a complaint with the EEOC?

 

[commentator]

Yes, you can still file a complaint, but it is still not the best action to take. In the first place, if you have worked there for fifteen years, why give up your job simply because there is something going on? Wait until you have found another job before moving on. Even if you have been treated very poorly, it is much harder to receive unemployment benefits when you voluntarily quit a job, and it has, by my calculation, been a very short time since "the first of the year." Don't let this temporary situation cause you to shoot yourself in the foot due to pride and end up without a job. You do not have to quit your job to file the complaint with the EEOC. You don't have to tell anyone at work you've done it, either.

Now, did they refer to OTHERS in the work place by these derogatory names, or was this abuse directed strictly at you? Was there a specific group of people in the workplace who were treated this way? What were the circumstances? As someone above asked, was there any other dialogue before or after these terms were used? EEOC claims have the best when the workers can show a systemic pattern of discrimination against a particular group of protected workers.

Especially, do not take the fall for someone else who you feel is being subjected to racial slurs. If your being the spokes person and reporting these things to HR has caused your employer/supervisor/whatever to treat you less well, don't quit, that would be to their advantage. Keep working, keep at it, keep doing your job to the best of your abilities, and let them have to step out and take the step to terminate you if they wish to. You don't have to be getting pats on the head and attaboys to keep working. In the meantime, of course, on your own, I'd start looking for another job, but don't quit this one just because you're not having a good experience. It would be the ideal situation to find other employment while still employed there, to leave to go into another good job immediately, and then also do the EEOC complaint against your former employer.

Unemployment insurance, even if you are approved is a lot less money than what you'd get if you continue to work. Anytime your work is cut to the point that it is less than you could draw in unemployment benefits, file a partial claim for benefits for that week. But DON"T QUIT. Let them decide to fire you. Think how that would strengthen your case with EEOC. "I was fired for complaining to HR about harassment based on our race and sex." Not, "I got pissed off with them after they didn't do anything so I quit!"

A complaint with the EEOC is a long drawn out process. It will take a long time for them to decide if your work group has any case, and then they would issue a 'right to sue' letter, and then you get an attorney to take the case and you sue the employer. Are you getting the idea that this may take six or eight months to hear from, years to get any settlement done?

 

[Jonas2]

Thank you for your advice. Also I meant this all began at the beginning of last year

 

[cbg]

I'm going somewhere specific with this.

Do you KNOW that no investigation has been done? Or are you assuming that no investigation has been done because:

1.) No one has been fired or openly disciplined
2.) The problem continues
3.) Both of the above?

I'm asking this for a reason too, though for a different one:

Are you a member of the protected class or classes that are being referred to?

This questions are not for the purpose of rebutting what you are saying; they are for the purpose of determining your best course of action.