How can I do under this situation?

[kevchh]

Hello,

I am from Texas, I recently moved from to the US, I lived my whole life in Mexico. In my job I was under a provisional period of approval which I fail under the following circunstances.

I receive a complaint against me accusing me for homophobic language for referring to an object with the term "marica" due to some weakness in its characteristics. In my country that word is used in such context, but also it may be used to refer an homosexual. In the usage of my language it can be used for both meanings without being considered as homophobic. It happens that apparently the culture in US consider at certain point the usage of a word that is used to refer to the homosexuals in such context is considered as homophobic. I was reading that the misrepresentation of my language due to cultural background is considered as national origin discrimination and is a desicion that may be appealed. The person who accuse me made a lot of complaints (arround 14) all of them misrepresenting the intention of my words or my language. In addition, the person who accuse has an instagram website on which she post a lot of messages showing explicit hate to white, heterosexuals, and men. The final desicion was made by my supervisor without an investigation and based on a paper signed by on which I admit saying such coments but clarifing the context of the situations and the conclusions were made ignoring my cultural background or my primary language.

Is this applicable for a accusation for discrimination?

 

[adjusterjack]

So, you made offensive remarks many more times after the first complaint and now you are claiming discrimination.

I don't see it.

But you are welcome to file with the EEOC and see how that goes.

Meantime, if you want to keep jobs, the official language in the US is still English.

Learn it and use it when you are in business or employment settings.

 

[kevchh]

Not really, the person took note of everithing that I said in a entire month and misrepresent my words and actions. That was an isolated event and thr only one that may be considered as homophobic. For example, in her complaint she mention some disrespecful joke one work student which works under our supervision made, she did not understand the joke and asked me what he was refering at, I told her but not like laughing about that just to inform her the implication and I even spoke to the student to avoid him to say such joke again. She complainted against me for appealing her question and said what the student was refering. The description of the joke was considered a misbehavoir. On another ocasion I was talking about pregnancy with the student (Im a phycisian) and I described some characteristics that may suggest the sex of the baby such as the shape of the woman's abdomen, I mention that the males tend to have the legs mor extended due to their genitalia the abdomen tend to have a conic shape. It was like a trivial talk and the student is a pre-med, the person who made the complaint did not even express felling disconfortable in relation to the topic but she still complaint about the issue. In my professional environment that is like a trivial talk but she considered at certain point some kind of sexual harassment.

 

[kevchh]

And what im claiming of is that in my culture such type of language usage is not considered homophobic and the word is even used by the LGTB comunity in such context. What I claim is that was an unintentional bad usage of the word in the context of the US culture that is different from mine and was an isolated event no awareness was made to me in respect of that language usage and Im not given a second chanse. According to the Texas workforce website there is a type of discrimination called national origin discrimination which also involves discrimination for the linguistics or cultural featurea of an individual. I know that that does not excuse me for saying such word if is not accepted in the US culture, but at least handle the situation with a warning rather than a termination. She also made false statements and invented me things that I said, claiming that I talk about sexual intercourses with my girfriend which was not true, or racist statements.

 

[ajkroy]

I must be behind. When did the official language of the US become English?

 

[Zigner]

... the official language in the US is still English.

Oh please. Never has been. There is no "official language" in the US

 

[kevchh]

I found this website that calls about national origin discrimination but I wonder if it is applicable http://www.twc.state.tx.us/jobseekers/national-origin-discrimination

 

[ShyCat]

You have chosen to live in the US so you need to adapt to US culture. You should not expect everyone around you to adapt to your foreign culture where you claim such language or actions are acceptable. You now know it is not acceptable here and yet you persist.

 

[kevchh]

Yes I understand that I have to adapt the think is that it was and isolated commet that was never used again.

 

[cbg]

Is this applicable for a accusation for discrimination?

Let me make this clear to you.

No. It is not.

 

[kevchh]

All this happened on a state university and I heard from many people that it marks you for the rest of your life. I wonder if that is true and in case I could not recover my job at leat may I clean my record, if so which pathway do you recomend me to follow.

 

[PayrollHRGuy]

No there is no way you can make an employer remove something from your employment records.

You could wait for them to disclose that information to a third party in a situation that causes you financial harm and then sue them for defamation. This will likely not work because the most any knowledgeable University HR department would ever say is he was terminated because of an employee complaint or something similar. And that is 100% true. The employer is very unlikely to give the details of the termination and even if they did as long as everything they say is true and they can prove it then you are still not going to win.

Look on the bright side. Odds are the worst they will say is "kevchh worked here from XX/XX/XX TO XX/XX/XX and is not eligible for rehire." And because you are a physician they will likely add that it had nothing to do with patient care.

 

[cbg]

I recommend that you drop the entire thing until or unless you suffer some actual damages that you can directly tie to this incident. People will forget about it if you are not continually rubbing it in their faces, trying to get something unsaid.

 

[kevchh]

Well the think is that there were also irregularities on the investigation, according to the policies I was allowed to select witness and also I was judged under false accusations, for example, they conclude that I talk about sexual encounters with my girlfriend which was not true, and several stuff that they did not allowed to see stating that they cannot share the information of the investigation process. Is it possible to sue under such circumstances?

 

[kevchh]

The think also is that I was about to get homeless due to this thing. I dont have family in the US neither money, I spent all my savings. Fortunatelly I renew my contract just a day before, without employment I would not be allowed, and after a month I will be enterely out of money if I do not get a job quickly.