Tuesday, May 25, 2010

Racial discrimination?

I recently reported the Director of Administration to the President of the Company for using the "N" word in my presense twice. Within days of reporting this and requesting that it be documented, my days at work have been a living hell. I am being retaliated against, I have been taken out of the department I have been in for 2years and placed in a position that I have no clue about. All of this within 72 hours. Can the employer do this?
Answers:
Hi there ... well, the bad news is ~ yes ~ an employer can do this ~ it is called "at will" employment. Meaning that most jobs without contracts or a union hire you at "will". This means they have a right to let you go for any valid reason and you have a right to leave for any valid reason. Although I feel you did the right thing and I seriously question the integrity of ANY company who allows someone in a Directors position to talk this way at work, if they want to they will find a way to get "rid" of you.
The best plan of action now is to do what the person above me said ... DOCUMENT ... EVERYTHING. Write detailed descriptions of everything negative that happens to you (times, date, etc...), but don't get caught doing it. This will be the main recourse you have for proving discrimination. Don't talk to anyone else at work about it for now . no matter what.
I had this EXACT same thing happen to me when I was pregnant and they waited until after I had the baby so they wouldn't look as bad. Bunch of a**holes! I couldn't do a thing about it because of the "at will" clause in my job offer.
I would still contact a labor attorney and tell them the scenario to see what they think. Find one that allows free consultations. I know there are laws protecting people if you've been at a job for a long time that supersede "at will" legalities, but you have to be there for like 15+ years or somehting like that.
Do you the think the president is also backing this? Is there someone higher?? The CEO? If it gets worse what do you have to lose? If you feel they're all in on it then just bide your time. You must hang in there long enough to document some solid facts. They did move you to a new position so that they can start writing you up for poor performance. That's exactly what happened to me.
If this gets worse then they are trying to make you quit so you can't retaliate. Hang in there no matter what. Once you have some strong documentation then you can let them know that if it doesn't stop you will go to the newspaper ... news channels ... whoever will listen. This would be some horrible publicity for them. But don't threaten this until its gets unbearable or they threaten you somehow ~ and you better be willing to do it - if you threaten to do it. I would ... it disgusts me that in this day and age we still see/hear stuff like this.
I give you serious kudos for having the guts to speak up against this blatant discrimination girl! Good for YOU! I am sorry this is the result, but someday you will look back on this and know you did the RIGHT thing. I will pray for you that it all works out for the best ... keep your chin up and don't let them break you down. Hey, do me a favor and email me (it's on my profile) and keep me posted. I want to know how it turns out for you. Also, if I can do anything else for ya ... feel free to ask!
Good luck and God Bless!
______________________________...
I was fired for calling someone a piece of ****, you're lucky you still have your job.
No they cannot. Go to the top of the company. Or call a local lawyer and see what your options are.Good luck.
Yes they can do it, but you need to document everything that has happened, now that you are in a new position that you know nothing about it will be easy for the to document your poor performance.
When you don't understand something,ASK questions, tell them that you have not been trained and document everything that was said. If you get laid off for your performance you will have a record of retaliation and a record of you complaint of racial remarks, you may have a valid lawsuit.
Seek the advice of an attorney, one that specializes in labor law would be best.
EDIT: Note to Mel, your employer can move you to any position that he feels necessary, but I think what you are saying is that they can't do it because of a complaint of racial slurs.
I like to thank you for having the courage to stand up against ignorance but the reality is, if the president of the company is not responding/doing anything about it then he is probably using the word in the same form of ignorance. There is basically nothing you can do, they will try to drive you out your job by either overwhelming you with difficult tasks or waiting for you to slip up. Legally, they can not do this but in order to catch them, you have to prove that your report is the "real" reason why you are suffering these "repercussions". Get a Lawyer, and sue! :)
they just did, didn't they? your word against his, and you're on the way out.

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