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Race Discrimination while facing a Job Elimination... do I have enough for a case?

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DFWSAM

New member
I am considering hiring an attorney and filing a complaint with the EEOC....below is letter I am planning on sending to the CEO that explainS my situation. I work for a TOP Fortune 100 company.

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Dear (COMPANY NAME)

I am writing to file a formal complaint of discrimination against (HIRING MANAGER), here at (COMPANY NAME), based on unfair treatment and lack of opportunities for advancement, particularly in light of impending job elimination, and the preferential treatment given to individuals associated with (HIRING MANAGER)'s prior employment.

As a colleague here at (COMPANY NAME), I have consistently demonstrated dedication, hard work, and a commitment to excellence over the last almost 7 years with the organization. However, despite my qualifications and contributions to the company, I have been repeatedly overlooked for advancement opportunities while witnessing preferential treatment given to individuals here at (COMPANY NAME), and most recently with individuals affiliated with (HIRING MANAGER)'s previous employers, namely, (EMPLOYEE NAME WITHHELD), (EMPLOYEE NAME WITHHELD),, and (EMPLOYEE NAME WITHHELD),.

Moreover, with the recent announcement of my job elimination, it has become clear that (HIRING MANAGER)'s discriminatory practices extend to the selection process for newly created positions. Despite my eligibility and qualifications, I have not been given fair opportunities to interview for positions of advancement, further exacerbating the unjust treatment I have endured.

Specifically, (HIRING MANAGER) has demonstrated a pattern of selectively favoring individuals from companies he has previously worked with, granting them unfair advantages in terms of promotions, project assignments, and other career development opportunities, while disregarding the qualifications and potential of existing employees like myself.

Furthermore, the discriminatory practices extend to the interview process, where I was not allowed to interview for an Executive Director role, which was one level above my current position. However, I discovered that (EMPLOYEE NAME WITHHELD), an asset protection manager, was allowed to interview for a Lead Director role, which is two levels above his current position. It is noteworthy that (EMPLOYEE NAME WITHHELD),is a Caucasian male, whereas I am an African-American male, raising concerns about disparate treatment based on race.

Additionally, the recruiter informed me that (HIRING MANAGER), the hiring manager for the Executive Director position, sought a candidate with expertise in assembling teams “from ground up”. The teams that this candidate would need to lead would be the Inventory Control and Asset Protection teams. Despite my extensive background in team-building, and experience with Inventory control process and Asset Protection functions, I was not given the opportunity to interview for the Executive Director role. This oversight prompts questions about how my qualifications were evaluated without the chance to interview. Furthermore, it has come to my attention that the chosen candidate for the Executive Director position lacks experience in Asset Protection, casting doubt on their ability to construct those types of teams from the ground up. This person also has worked on special project with (HIRING MANAGER) such as overseeing the La Habra distribution center after a termination of the prior director. The person selected also happens to be a Caucasian. This inconsistency further highlights the unfairness of the selection process.

Furthermore, I wish to draw attention to a notable disparity in the hiring practices observed under different leadership. Over the past two and a half years within the supply chain sector, I have witnessed (ANOTHER EXECUTIVE DIRECTOR'S) exemplary leadership characterized by integrity and compassion. Serving as the VP of Distribution Operations overseeing the northeast distribution centers,(ANOTHER EXECUTIVE DIRECTOR) has demonstrated a commitment to diversity in hiring. Examples include the appointments of (EMPLOYEE NAME WITHELD), an African American male, as Executive Director for the Kansas City distribution centers, (EMPLOYEE NAME WITHELD), also African American, leading the Somerset DC, (EMPLOYEE NAME WITHELD), a Caucasian female, as Director for the Somerset DC, (EMPLOYEE NAME WITHELD), a Caucasian male, as the Executive Director for the Chemung DC, and (EMPLOYEE NAME WITHELD), of Indian descent, as the Regional Executive Director. Importantly, I have not observed any prior associations between (ANOTHER EXECUTIVE DIRECTOR) and the individuals he hired, indicating that he genuinely provides equal opportunities based on merit. I highlight these instances to underscore the significant diversity reflected in CVS's values, which stands in stark contrast to the perceived lack of diversity and nepotistic hiring practices under the leadership of(HIRING MANAGER)

This is not the first time I have faced discrimination at (COMPANY NAME). In July of 2019, I had an opportunity to interview for a Divisional Director of Asset Protection role in California, but the role was given to a non-African American male who worked as a district leader position in my region. I am aware that this decision was largely influenced by a Caucasian female named (EMPLOYEE NAME WITHELD), who sought to place (EMPLOYEE NAME WITHELD)(a district leader at the time) into the position, although he had no prior Asset Protection experience. From what I understand, (EMPLOYEE NAME WITHELD) had applied to get into the RD-EL program but did not get in. As a result, (EMPLOYEE NAME WITHELD) influenced AP Leadership to offer the position to (EMPLOYEE NAME WITHELD) who was not a more qualified candidate than myself. Although I did not pursue a discrimination lawsuit or complaint at that time, the experience deeply hurt and affected me. Now, experiencing similar discrimination again, I cannot remain silent.

Additionally, I want to highlight that (EMPLOYEE NAME WITHELD) received a promotion to the next level and (EMPLOYEE NAME WITHELD) received a promotion to the next level in less than two years of being here at (COMPANY NAME) which is highly unusual and raises questions about the fairness and transparency of the promotion process. And again, to reaffirm my previous point, both of these individuals have worked at the same companies that (HIRING MANAGER) has worked for in the past.

These discriminatory actions, compounded by the lack of equitable opportunities for advancement in the face of impending job elimination, have had a devastating impact on my career progression, morale, and overall well-being.

I believe that (HIRING MANAGER)'s conduct, along with the past discriminatory practices at (COMPANY NAME), constitutes a violation of (COMPANY NAME)’ discrimination in the workplace policy, and certainly doesn’t reflect (COMPANY NAME)s values of Putting People First. Therefore, I am requesting a thorough investigation into these allegations and appropriate remedial action to address the harm caused, including but not limited to reinstatement of fair opportunities for advancement and/or fair severance compensation.

Please consider this letter as a formal complaint, and I am willing to provide any additional information or evidence to support my claims. I trust that (COMPANY NAME) will take prompt and decisive action to rectify this situation and ensure a fair and equitable work environment for all employees.

Thank you for your attention to this matter. I look forward to a swift resolution.

Sincerely,
 


Zigner

Senior Member, Non-Attorney
Your letter seems to outline and emphasize the value of professional networking.
Did you have a specific question?
 

cbg

I'm a Northern Girl
FYI discrimination on the basis of having worked/not worked with the applicant before is not illegal.
 

DFWSAM

New member
FYI discrimination on the basis of having worked/not worked with the applicant before is not illegal.
Thank you. What about the fact that I wasn't given a fair chance to interview for position and believe the reason was race?
 

cbg

I'm a Northern Girl
IMO, you're going to need a great deal more than you've got to prove that race was a factor. I'm not saying it's impossible, but the only way this is going to be illegal discrimination is if the SOLE reason you were not promoted was your race. There is no requirement that everyone who is interested be allowed to interview and there is, as already said, no prohibition against giving precedence to those the hiring manager has worked with before. What evidence, and I do mean evidence that would stand up in a court of law, do you have that shows that but for your race you would unquestionably been the one promoted or given the other positions?
 

DFWSAM

New member
IMO, you're going to need a great deal more than you've got to prove that race was a factor. I'm not saying it's impossible, but the only way this is going to be illegal discrimination is if the SOLE reason you were not promoted was your race. There is no requirement that everyone who is interested be allowed to interview and there is, as already said, no prohibition against giving precedence to those the hiring manager has worked with before. What evidence, and I do mean evidence that would stand up in a court of law, do you have that shows that but for your race you would unquestionably been the one promoted or given the other positions?
It's a great point you make. I really don't know thats why I am asking. Thx.
 

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