Have I established Prima Facie? (Descrimination)

[mad4me]

Georgia

Member of Protected Group:
YES

Qualification for the Job in Question:
IRRELEVANT

Adverse employment action:
Constructive Discharge

Circumstances supporting an inference of discrimination:

Was not invited to attend a number of high level meetings with the customer where as other Caucasian Managers were.

Did not receive a petty cash account. Other Caucasian Managers did have a petty cash account.

My immediate supervisor excluded me from a list of alternative contacts in his absence. All of the alternative contacts on the list were Caucasian Managers.

 

[cbg]

Qualifications for the job in question: NOT irrelevant. If your qualifications are in some way less than those of the other managers, that would be a valid, non-discriminatory reason for the events you describe.

 

[Beth3]

Sorry but you haven't shared anywhere near enough information to offer an opinion as to whether you were constructively discharged and whether that was prohibited discrimination.

If you were not included in some meetings or provided a petty cash account for some valid reason (job performance, experience, the particular position you held, etc.), then nothing prohibited took place. And yes, your qualifications for the job you held may be completely relevant.

Plus, not being included in some meetings or having a petty cash account (for whatever reason) would seem to fall far short of constructive discharge, i.e. the working conditions were so horrible that a reasonable person would have no alternative BUT to quit.

 

[mad4me]

1, What would you consider validation of qualifications?

2, If historical job performance was better (documented) and if I had more experience than the other managers....

 

[Beth3]

mad, I truly appreciate a succinct post. Those posters that write a novella here when all that's necessary is a paragraph or two of the pertinent facts are frustrating. But it's simply not possible to offer an opinion as to whether you have the basis for a discrimination complaint, much less a "slam dunk," based on a few bullet points.

What I can tell you from the few things you posted is that it would be worthwhile for you to speak to an employment law attorney who can elicit and examine all the relevant facts and advise you. Good luck.

 

[mad4me]

Thank you, The challange I am faced with is the suttleness of the descrimination. It would appear that the Law has a scoring system for descrimination. If it is in your face, you get high points. If not, you have to work extra hard to prove it.

I will take your advice. Thanks again!