kismetique
Member
What is the name of your state? Texas
I currently have an on-going FLSA claim which has not yet been settled. While talking with the DOL, I was encouraged to call EEOC and speak to them about possible discrimination. I did and EEOC said I should file the claim, so I did. I have asked a couple of questions relating to this before, but I have a couple of new questions.
The EEOC called me today and asked if I had 'felt' discriminated against? Or if I had told my employer I felt discriminated against? My employer wasn't listening to me or reading anything I gave them during any of their internal hearings, besides the fact that I didn't really understand I was being discriminated against until the DOL told me to call the EEOC and couldn’t have known about some of it until a replacement was hired and her schedule was set.
I am over 40 and worked a non-exempt clerical position. My schedule was changed (I believe as a direct result of my FLSA claim) to require me to work for one day a week in an exempt management position, previously only held by males (for security reasons) making significantly more than I would be. I feel they did this to make me quit. EEOC said this would be discrimination if, all females over 40 didn’t have their schedules changed as a direct result of filing an FLSA claim. Since I don’t have access to that info, how would I relate that to them? I highly doubt they would have told me how many females over 40 had filed an FLSA claim – and how many of these had their schedules changed as a result. Wouldn’t this be an issue that could only be solved by an investigation?
When I filed the EEOC claim, I didn't know that they had hired a replacement. I filed under the idea that I felt they would hire someone younger so they could get her to work a 1 day a week management position at her pay rate, since she wouldn't know any better or know about the potential dangers that doing so would present. After I filed, I found out they did hire someone younger, BUT....they didn't place her in that position, she works 5 days a week as a non-exempt clerical employee and the manager works with her on the day they wanted me to work alone. If she is not made to work in an exempt management position at her same salary as would have been the case in my situation, is that not age discrimination? It’s like saying, since you're more mature and capable, you can do this, but since she is younger and less experienced, she can’t.
My questions are, do you have to 'feel' discriminated against in order for it to count? I felt wronged - although I did not say, "OH! I feel so age discriminated against!" Also, since the discrimination didn't occur until they forced my resignation, hired my replacement, and set her schedule, how would I have told them about it and is that a requirement as well?
Any help/ideas would be greatly appreciated. Thank you in advance.
I currently have an on-going FLSA claim which has not yet been settled. While talking with the DOL, I was encouraged to call EEOC and speak to them about possible discrimination. I did and EEOC said I should file the claim, so I did. I have asked a couple of questions relating to this before, but I have a couple of new questions.
The EEOC called me today and asked if I had 'felt' discriminated against? Or if I had told my employer I felt discriminated against? My employer wasn't listening to me or reading anything I gave them during any of their internal hearings, besides the fact that I didn't really understand I was being discriminated against until the DOL told me to call the EEOC and couldn’t have known about some of it until a replacement was hired and her schedule was set.
I am over 40 and worked a non-exempt clerical position. My schedule was changed (I believe as a direct result of my FLSA claim) to require me to work for one day a week in an exempt management position, previously only held by males (for security reasons) making significantly more than I would be. I feel they did this to make me quit. EEOC said this would be discrimination if, all females over 40 didn’t have their schedules changed as a direct result of filing an FLSA claim. Since I don’t have access to that info, how would I relate that to them? I highly doubt they would have told me how many females over 40 had filed an FLSA claim – and how many of these had their schedules changed as a result. Wouldn’t this be an issue that could only be solved by an investigation?
When I filed the EEOC claim, I didn't know that they had hired a replacement. I filed under the idea that I felt they would hire someone younger so they could get her to work a 1 day a week management position at her pay rate, since she wouldn't know any better or know about the potential dangers that doing so would present. After I filed, I found out they did hire someone younger, BUT....they didn't place her in that position, she works 5 days a week as a non-exempt clerical employee and the manager works with her on the day they wanted me to work alone. If she is not made to work in an exempt management position at her same salary as would have been the case in my situation, is that not age discrimination? It’s like saying, since you're more mature and capable, you can do this, but since she is younger and less experienced, she can’t.
My questions are, do you have to 'feel' discriminated against in order for it to count? I felt wronged - although I did not say, "OH! I feel so age discriminated against!" Also, since the discrimination didn't occur until they forced my resignation, hired my replacement, and set her schedule, how would I have told them about it and is that a requirement as well?
Any help/ideas would be greatly appreciated. Thank you in advance.