Question:
Do I have a racial discrimination case against my employer?
JtotheR
2009-08-20 19:36:59 UTC
I have currently been at my job over 3 years now. In Decemeber I interviewed for a temporary role as a Supervisor. During that time I was placed in a different dept and basically demoted back to where I started because they had split my Team that I supervised up due to the manager I was under left the company. I then was asked to run a different team about two weeks later and approx 2 months after that, that team go split up due to "Business needs". I then went back to being demoted again and then was asked to run a third team. All the teams that I received were very low performers and every team I was with I was able to bring there numbers up better than their prior supervisor. Then the time came up where there was two permanent positions that myself and another guy that became a temp supervisor around the same time that I did applied for. We both took a test that was more of a personality test and failed this was after we had already went through one set of interviews and passed that interview. The manager said that she had messed up and that she was not supposed to give us the test before our first interview. Then the site director stated that they would allow us to go to the second round interview based apon our performance over the last six months that it proved that we were able to perform the job. Well I did my interview without any type of preperation from my manager with what to expect and I was told a couple of days later that I was not going to be promoted that my answers with my managers interview were weak. The other person, which was a guy, who interviewed had passed and was going to be promoted. During the time I was a temp supervisor we received an average of our commisions and she told me that I would still receive my average that she was going to put me in a different department to assist with new hires since I was strong at teaching and that she would work with me on my interview skills. I then went on vacation for a week and when I returned she said I'm sorry but we will not be able to extend your average commission since the role is only for six months and you will only receive the base payout going forward or you can return back to where you started. By the time she told me this it was already the last week of the month and there was no way that I was able to meet my minumim numbers to receive a bonus so I told her that I would stay where I was at. Well the department that she moved me to there were two other people that we recieving an average of their payout and I was expected to do the same amount of work for less money. I then set up a meeting with our site director who I expressed my concerns to and she said sorry theres nothing that we can do. I then asked my manager to be placed back to where i started before the middle of this month since i would receive quota relief to assist me making my numbers and she didnt not place me back to my original start dept so there was no way that I would meet my numbers. To this day she still has not addressed me about it. The reason I feel that I had been discriminated against is the person who interview besides myself was a black male. The two people that she moved me with to assist with the new hires were both black. So the black guy received the promotion and the other two black employees received were receiving their average when I was not. Also when their averages were calculated they went back farther in their months to get a correct average than they did with me. I asked for mine to be renegotiated and my manager said that they did not do that.
Also when i was in the temp role as a supervisor my manager would make me come in to do overtime to support my team. The other person who is now promoted would state that he couldnt be there to support his team and she would let it go.

My site director is black, my manager is hispanic, and I am white.
All the people who received higher pay than me were black and the person who was promoted was black. I have always been recognized for my numbers and have received numerous awards at this company. I am convinced that they will not promote me since I am white. Just recently one of the two people making more than me was asked to step to a role as a temp supervisor when the job was not even posted. I have more experience and have been with the company longer than any of the people I have talked about today (other than the manager and site director ofcourse). I am so stressed out over this and will be seeing a doctor due to my anxiety this has caused and panic attacks. I cant even feel comfortable at work due to this.

Do I have a descrimination case? Even some of the permanent supervisors dont understand why they have not promoted me and feel like I have received the short end of the stick. Thanks for any advice or opinioin that you may have about my situation.
Six answers:
michr
2009-08-20 21:56:10 UTC
after taking the time to read this post (not a question) and your edits (and the attitude those edits show) it seems they made the correct decision in not promoting you. if this has caused you so much stress what would the added pressures of management do to you.



IF you feel strongly you have been discriminated against then:

first you must follow the companies complaint process

then if nothing changes you contact the EEOC

after the EEOC makes a determination if you disagree with them or are unhappy with the settlement they propose you can then proceed with a private civil suit.



to understand what is and is NOT discrimination, the steps that must be taken and the process for filing a complaint:

http://www.eeoc.gov
flingebunt
2009-08-20 19:49:22 UTC
There is nothing that really can be proved.



Even if your job performance is better than others, perhaps you end up with personality classes with other people. Maybe it is because them not you.



Unless they make a statement that they will not promote you because you are white, then you have no case to answer to.



Sometimes to get ahead you need to move to a new job, a new employer. It will give you new opportunities but also change you as well.



Life is not always fair but it is more fun if we relax and don't stress about the unfairness.
babyjaina
2009-08-20 20:07:59 UTC
It sounds like you should talk with a lawyer. If anything, just to be heard your side of the story. But a case is such a long, drawn -out thing that is going to leave you more stressed and bitter and spent.



I would look for employment elsewhere. It's not worth it being so unhappy at your job. It's just not worth it.
kosmoski
2016-10-06 13:35:53 UTC
Employment regulation lawyer is who you want. whilst you are going to be able to think of that's open and close case, the lawyer could could desire to do numerous artwork to easily detect the evidence mandatory. Google "Dallas lawyer Referral provider" and notice if something comes up. If no longer, try finding up Dallas Bar association and notice in case you will get a referral by way of them. how plenty money you may desire to submit front relies upon at this way of fee association and the hours contain in making your case. you will could desire to talk that with the lawyer you detect. stable luck.
?
2009-08-20 19:45:19 UTC
Well i don't think you do. I think its just that they need you a bit more in your certain job.....seriously thought it doesn't matter that much does it? always hope for the best. as long as you're alive and happy it really doesn't matter
got it
2009-08-20 19:43:55 UTC
your not ready, since you are having anxiety attacks over this, my guess is they saw you were weak. get over it, you just aren't ready.


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