Racial Discrimination

[khatija]

What is the name of your state? NV
I have been working with a fortune 100 company for the last 2 years. Throughout my employment Ive had a certain manager that has had a problem with me from the getgo. He makes racial comments like (im of indian origin by the way) "Your other cousin just got laid off, when are you going?"(reffering to another indian employee) Right before the month of Ramadan he moved me to an office which is an hour away from my residence when my old office was within walking distance of my house. After moving me he called one day and said "hope you dont have to break your fast on the freeway" in a sarcastic manner and on another occasion when I saw him he said "you hungry yet?' Then at another time(all this is happening within a 2 month period) he referred to me as "why do you people starve yourselves for 30 days?" Ive been putting up with all this BS only because Im not in a financial situation that would permit me to leave my job and seek another. Do I have any kind of grounds or basis to sue my employer for discrimination under these circumstances?I ve almost had it with him and I feel like my pride is hurt and I have been insulted. Any kind of advice would be appreciated.Thanks....

 

[ecmst12]

Sounds WAY out of line to me. Contact the EEOC to file a complaint.

 

[khatija]

Yeah I think Im going to call an attoryney first and see what he says. I have a lto at stake here. Im going to have to get another job, and also I have a medical condition and I need my health benefits, Im really in a bind here. Wish it would just stop

 

[mlane58]

Yeah I think Im going to call an attoryney first and see what he says. I have a lto at stake here. Im going to have to get another job, and also I have a medical condition and I need my health benefits, Im really in a bind here. Wish it would just stop

Filing a charge with the EEOC will not get you fired. If it does than it is retaliation and thats is illegal and another charge against the employer. Certainly consult with an attorney, but there isn't much they can do as you have to file a charge first.

 

[khatija]

Yea but how would that work? I have to work directly under this person and talk to him more than once daily. Wouldnt they let me go since its a conflict that I work there and have to deal with him personally.Another thing that doesnt help is since its a finance company alot of layoffs are coming pretty soon. I dont want them to think I m doing this because of not having job security

 

[ecmst12]

Maybe they'll fire HIM, since he's the one who's breaking the law.

 

[khatija]

Youre right, I might aswell just do that and have them look into laying or terminating him off. I ll be blacklisted at work forever, prolly wont get anything out of it but I ll be able to work in peace

 

[las365]

Youre right, I might aswell just do that and have them look into laying or terminating him off. I ll be blacklisted at work forever, prolly wont get anything out of it but I ll be able to work in peace

What are you talking about? You don't get to tell your employer that they have to lay off or fire your harasser. I hope I am misunderstanding what you are saying about what you plan to do.

Please, see a lawyer. I'll respectfully disagree with mlane58 that it makes no difference whether you see an attorney before you file your EEOC claim. The firm I work for helps our clients file their EEOC claims. It is possible you could get fired for filing the EEOC claim- it is illegal to fire you in retaliation, but it happens. You need some legal advice and to be prepared for what may happen.

As for layoffs, you will be in a better position to retain your job and work without harassment or negotiate a favorable severance if the discrimination issues are being addressed.

 

[mlane58]

What are you talking about? You don't get to tell your employer that they have to lay off or fire your harasser. I hope I am misunderstanding what you are saying about what you plan to do.

Please, see a lawyer. I'll respectfully disagree with mlane58 that it makes no difference whether you see an attorney before you file your EEOC claim. The firm I work for helps our clients file their EEOC claims. It is possible you could get fired for filing the EEOC claim- it is illegal to fire you in retaliation, but it happens. You need some legal advice and to be prepared for what may happen.

As for layoffs, you will be in a better position to retain your job and work without harassment or negotiate a favorable severance if the discrimination issues are being addressed.

You can disagree all you want. Re-read my answer as I told the OP to certaintly see an attorney, but it doesn't change the fact that the OP has to file an EEOC charge before anything else can happen.

 

[las365]

Certainly consult with an attorney, but there isn't much they can do as you have to file a charge first.

Perhaps I misunderstood what you meant. My impression, taken from the part I bolded, was that you were saying there wasn't anything an attorney could do to assist her in filing her claim or trying to position herself to be at the least disadvanatge possible after she does so. It is also an advantage to have representation already in place when the retaliation, if any, begins.

 

[khatija]

And I appreciate all the advice Ive gotten so far. My biggest fear is not having enough proof to show that Im a victim here. I ll talk to an attorney first to determine if I have basis for any kind of legal action and then take it from there.I dont want to take the whole company head on for no good reason knowing I dont have a shot at coming out on top.

 

[Beth3]

At the very least, your boss is a rude jerk. Have you contacted your Human Resources department to complain about his comments and behavior which appear to be racially motivated? If not, that is the first thing you need to do. You need to make an internal complaint first before filing a complaint with the EEOC and taking legal action.

 

[ecmst12]

You don't HAVE to complain internally first, but it will help your case. But given his nervousness, I don't think it's a bad idea for OP to speak to a lawyer before doing anything; the lawyer will be able to address OP's concerns better then we can.

 

[mlane58]

You don't HAVE to complain internally first, but it will help your case. But given his nervousness, I don't think it's a bad idea for OP to speak to a lawyer before doing anything; the lawyer will be able to address OP's concerns better then we can.

Thats right, but how would you expect the employer to stop the behavior if they don't know about it?

 

[khatija]

And I spke to a lawyer today and he set an appointment on friday. He said that hed review my casae and see if I even have a case since I have no witnesses at all. The only thing that is documented is that I was moved from my office to another one right before Ramadan. He also said cases like this can go both ways where either the employer will justify moving you or they ll just settle with a severance package and they might let me keep my health benefits.