Undercover Lawyer Forum » Introduction

Is this discrimination?

(89 posts)
  • Started 1 month ago by mountainbiker
  • Latest reply from littlelulu
  1. mountainbiker

    Member
    Login to Send PM
    Post Count: 32

    Hello
    This is my first post here. Sorry for the long story.

    I am from a protected class based on race. I started working for my company as a consultant.During the time I was a contractor no one said anything about poor performance.In fact they hired me on as a permanent employee since they liked my performance.

    Three months later I was told that my probation was being extended due to poor performance however, during those three months no one said anything to me about poor performance.I did my job as usual.I complained to HR that I was never told about poor performance and all of sudden it is being used to extend probationary period.I also mentioned that the performance issues mentioned were just flimsy excuses and were not true either.I was told my communication skills was poor and was asked to watch a video. Interestingly I never had any communication issues when I worked in other
    companies.

    HR never got back to me but was taken off probation at the end of the period confirmed my full-time

    employment.During the rest of the year I was never told anything about poor performance. I noticed I was being treated differently from my other co-workers which were all Caucasian women.My manager tended to favor them with responsibilities, bonuses and constant praises.They were all less experienced and qualified than me. I never received any of bonuses or praises. However, I was also never told that I was doing anything wrong for the rest of the year. When it came time for my annual evaluation I was given a poor evaluation and was held responsible for things that were not under my
    control.Others in higher positions did not do their job but I was being blamed for the work not getting done. So I refuted all of the contents of evaluation. When I told my manager that I had no control over deadlines, he changed the wording in the evaluation but not the overall score (kinda like a %). I had proof he changed the wording of my evaluation but did not change the corresponding score to go with it.

    Therefore when raise time came, he did not give me a raise because of the score of my evaluation.Reason given was my performance was poor, budget was not there, my salary was too aleady high,etc.

    I once again went to HR to complain and was told that they did not feel that I was being treated unfairly.I had asked at that time that my supervisor be changed and that I be reevaluated by a third party. Since I did not get a reply, I went my manager's boss and was told that he stands by my managers' decision. He also told me that I would have no chance of advancement in the department.

    So I went back to HR again and was told that they do not feel that I was being treated unfairly.After more than a month, I called the 1800 ethical hotline and reported the issue.Told them that I feel uncomfortable working this manager and that I was discriminated against due to my race.After this call,I received my next years midyear evulation. In this all of a sudden my manager mentioned many negative points which were all false.Basically he retaliated since I had called the number and went to HR.So I
    asked for an explanation of the negative points so that I can understand what the problems were.Never got a response.I called the 1800 again and added this information and told them I was being retaliated now.

    Meanwhile HR kept dragging and finally contacted me and told again the same thing.When I disagreed, HR tried to play the delay tactic by telling stories many times.After this went on for almost 2 months and still was unresolved I told HR that I was gonna file a complaint with EEOC. HR agreed and said no problem.

    Now I have filed my complaint with the EEOC and the state agency saying that I was discriminated against because of race and sex.And it has affected my promotions, salary raises,bonuses, etc.I would like to know how strong my case is.

    I would appreciate any advise you can provide regarding my case above.Thank you.

    Posted 1 month ago #
  2. msliberated

    Member
    Login to Send PM
    Post Count: 443

    mountainbiker, Welcome to our forum!
    You absolutely have a strong case or EEOC wouldn't have accepted and filed your complaint. How long ago did you file? That MB will be a very strong defense against retaliation of any sort. They will answer to a fed.agency if they even try to BREATH on your neck.(so to speak)But stay the same and keep being an exemplary employee. You might be offered a Mediation process.....that's when they'll offer you a settlement with the aid of EEOC Mediator-(go between)
    Are you a member of Ucl Academy? Over there are more detailed and more workplace law discussions, in-depth learning of it, and timely posts of everyone who are going thru-similar dilemmas and workplace harassments. Hang tight .....you came to the right place for support.

    Posted 1 month ago #
  3. OnYourSide

    Member
    Login to Send PM
    Post Count: 405

    Hi, mountainbiker - welcome to the forum.

    Sounds like you have a pretty strong case - especially for retaliation. But don't expect your employer to admit that your manager knew anything about your complaint to the 800 line when he retaliated.

    Good luck and best wishes with your case. Please keep us informed as to how it progresses.

    Posted 1 month ago #
  4. mountainbiker

    Member
    Login to Send PM
    Post Count: 32

    Hi msliberated
    Thanks for the quick reply.Glad to know that my case is strong.I filed the EEOC complaint around the middle of last month.Interview is scheduled for November 1st week.

    "That MB will be a very strong defense against retaliation of any sort. ".
    Since I am new here, I am not sure what MB means in your sentence.Can you please let me know?.

    Yes it appears that my employer wants to go for a settlement but did not want to do that until I went to the EEOC. They were never worried about me going to the EEOC but couldn't fire me either since there was no cause.I am not a member of Ucl Academy yet.I will see how case goes in the next few months.After that I will join. Thanks again.

    Hi OnYourSide
    Thanks for the reply.I am gonna keep my cool and continue to work hard. Let me post here as soon as I have an update.

    Cheers!!

    Posted 1 month ago #
  5. msliberated

    Member
    Login to Send PM
    Post Count: 443

    MB-mountainbiker!!!(smile) bad case of ........
    They could not fire you because firing you is MAJOR RETALIATION and EEOC will be on their asses!!! & BIG WIN in court! You did the best STEP-which is filing your complaint at the right time.

    Posted 1 month ago #
  6. littlelulu

    Super Moderator
    Login to Send PM
    Post Count: 2914

    Welcome to the forum, Mountainbiker.

    It almost sounds like to me that you are the "token non-caucasian" for your employer. They are NOT treating you fairly or legally in their actions. Good luck with your EEOC complaint.

    Posted 1 month ago #
  7. mountainbiker

    Member
    Login to Send PM
    Post Count: 32

    msliberated
    Thanks for the clarification.I will see how it goes.

    littlelulu
    They have other people like me and other races for "token non-caucasian" purposs.But this department manager is the problem. I will post an update soon here.

    Posted 1 month ago #
  8. mountainbiker

    Member
    Login to Send PM
    Post Count: 32

    Hello folks
    I need some advice on a meeting I had today with my boss.

    My employer must have received the EEOC letter about 2 weeks ago.Now I feel that the retaliatory actions have gotten even worse.

    1.In my meeting today, I asked my boss why I was being cut out of one part of the project which involves training and other stuff. One of my female co-worker (his "pet") was given the training work. He would not answer the question but beat around the bush talking BS on unrelated things or claiming he does not know who assigns people to work on things reporting for him.

    I feel that he deliberately lies to me when in fact it was he who would have assigned this work to her and also is keeping me out of this task. In fact he and the co-worker are flying to do training in another city. I think that since I filed the EEOC complaint, I am being shut out of everything.

    2.He also showed a plan chart for next year's work where everyone including the female co-worker had 100% time allocated to various projects. But for me showed that from January everything is blank. No job was assigned to me. I feel that he is doing this to insult me or indirectly tells me that there will be no work from Jan. That way he will get an excuse to lay me off. Again this has to do with my EEOC charge I think.

    3.Also he is the boss who assigns people on various tasks. But today he told that he will contact that female co-worker of mine (she is in the same position as me) and ask if she will have some work for me next year. I feel like he is trying to tell me that a co-worker will now determine what I will do and that I am being downgraded morally and emotionally by doing this crap. It is his job to assign work to people who report to him. How can a co-worker in the same position as mine assign work to me?

    I have the following questions:
    I want to document all the above to EEOC by sending them an update to my case saying that he is retaliating against me. Is this a good idea?. Or should I just confront the female co-worker and ask why she is assigning me work?

    I am also thinking of telling EEOC that he is indirectly threating me with layoff by not having work allocated for me from January. And he is favoring that female by giving more work and already planned to give more work for next year. But assigned me nothing.

    Since out of nowhere he pulled this stunt on me today (showing the next year's chart)is he trying to scare me?.Whats the reason behind this game?.

    Any advice on how to deal with situation would be be greatly appreiated.

    Thanks
    -Mountainbiker

    Posted 1 month ago #
  9. msliberated

    Member
    Login to Send PM
    Post Count: 443

    Mountainbiker- it is definitely RETALIATION!!!!
    Under Section 704(a) of Title VII, Section 4(d) of the ADEA, and the Section 503(a) of the ADA, it is unlawful for an employer to descriminate against anyone present or former employees, because they have oppose any practice made unlawful by the statutes, or because they have made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under the laws. The EEOC under Section 503(b) of the ADA prohibits coercion, intimidation, threats, or interference with anyone for exercising or enjoying, or aiding or encouraging others in their exercise or enjoyment of,rights under the Act.
    This is what is written in the back of my EEOC notice to complainant and respondent. The investigator who took my case adviced be to inform them of any drastic changes of behavior by employer in any shape or form ASAP!
    So, I think you should give them a call or send e-mail ASAP.

    Posted 1 month ago #
  10. littlelulu

    Super Moderator
    Login to Send PM
    Post Count: 2914

    Make sure you are documenting all of this retaliation. I am hoping to see a post from OnYourSide giving you an outline of an email you NEED to send to your boss addressing the retaliation that has escalated since you filed your EEOC complaint. She has a great way of wording this to include the right buzz words that usually makes these employers sit up, take notice and realize you are seriously going to take them down.

    Posted 1 month ago #
  11. OnYourSide

    Member
    Login to Send PM
    Post Count: 405

    Mountainbiker, it would be great if you could get a copy of that work plan for 2010 to attach to this letter when you send it to the EEOC investigator, but if you can't, no matter. Send the letter anyway. The cockroaches will scurry back to their dark places. I suggest you send this letter JUST to the HR person, by Certified Mail, Return Receipt Requested, AND send a second copy to the HR person by REGULAR MAIL. Make photocopies of both envelopes before they're mailed.

    Dear HR,
    As you are no doubt aware by now, the complaint which I first discussed with you on DATE has been filed with the EEOC. My concern - as I told you and (NAME – your boss’ boss) I feel (NAME – your boss) is treating me differently because of my protected class (race).

    Since filing my complaint with the EEOC, conditions have deteriorated for me. I have experienced clear retaliation from (boss’ name) in the form of:

    1. Being excluded from training opportunities that (NAME – female employee) is being afforded. As an example, (NAME – female employee) and (NAME – boss) are attending training in CITY on DATE that would ordinarily be afforded to me as well.
    2. No work assignments for 2010, while similarly-situated coworkers have work assignments according to the work plan chart shown me on DATE by (NAME – your boss).
    3. Being told by (NAME – your boss) on DATE that future work assignments will come from a colleague, rather than from NAME, my supervisor. This indicates to me that my position has been downgraded a level, since (NAME – your co-worker) and I are in the same position, at the same level.

    I am forwarding a copy of this letter to the EEOC investigator assigned to my case and would appreciate your looking into these concerns as soon as possible.

    Sincerely,
    You

    Posted 1 month ago #
  12. mountainbiker

    Member
    Login to Send PM
    Post Count: 32

    msliberated
    Thanks for the reply.Thats what I thought too.Few times during the meeting he had this smile that felt like he was enjoying dominating me.I would send the EEOC the letter in the format given by OnYourSide below by certified mail.

    littlelulu
    Sure.I am documenting everything that happens since May when the whole thing started.Accumulating tons of emails and notes at home.I will send my boss a "Meeting Minutes" listing everything we discussed and ask him to review it for accuracy.Been doing this minute minutes emails after every meeting.OnYourSide has responded below.I will follow her advice.

    OnYourSide
    Thank you so much for the reply and letter template.I am gonna stop by his office on Monday morning and ask for that workplan so that I can make a copy. Then I will attach that with my letter to the EEOC investigator.

    My HR is in the same building where I work.Usually I email to HR.But lately they just ignore my emails.So to be sure that they get this, I will put this in the intra-office mail and then send an email to HR person saying that "I have mailed you a letter by office mail.Please let me know if you do not get it.". I can even drop by HR office and submit the letter to the secretary there.Or should I mail the letter by certified mail and regular mail as you have suggested above?.

    I will use the above template and submit my letters to HR and EEOC on Monday.

    Will post an update here as this saga continues....

    Thanks again to all.
    -mountainbiker

    Posted 1 month ago #
  13. OnYourSide

    Member
    Login to Send PM
    Post Count: 405

    Nah, I'd do it by Certified Mail, Return Receipt Required, and send an extra one by regular mail. The reason is twofold: 1) No one likes to get a Certified letter; it seems serious - and in this case, IT IS and 2) when you send something by regular mail it's presumed usually by the courts to have been received by the recipient if it's addressed correctly. Just make sure it has the correct postage on it and your return address on it. I suggest you photocopy the envelope AFTER you put the postage on it.

    It wouldn't hurt, though, to send an email to the HR person TOO - saying that you've MAILED them a letter and to let you know if they don't receive it by X date - maybe 10 days from the date you mailed it. Don't bother elaborating on HOW you mailed it - just say you mailed it.

    Posted 1 month ago #
  14. mountainbiker

    Member
    Login to Send PM
    Post Count: 32

    OnYourSide
    Cool.Now I understand the logic.

    I will send the HR letter by certified mail and regular mail.This is a good idea since the HR has been ignoring my emails and usually always have an excuse for the delayed reply.By putting it in certified mail they can play that nonsense.

    I will send an email also letting them know that I have mailed a letter and since it is local they should receive it in a day or two.

    Thanks again
    -Mountainbiker

    Posted 1 month ago #
  15. OnYourSide

    Member
    Login to Send PM
    Post Count: 405

    Good. Their eyes will cross and their butt cheeks will pinch up when they find out they've got a Certified letter to sign for. heeheehee Even if they don't ACCEPT the Certified letter, you've got the backup Regular Mail letter going for you, AND the Post Office will send you your Certified letter BACK with a record of the dates they attempted to deliver it to them. That's ALSO good evidence against schmucks like them .......

    Posted 1 month ago #
  16. littlelulu

    Super Moderator
    Login to Send PM
    Post Count: 2914

    I send EVERYTHING certified & regular so that people can't say they NEVER received my letters so they must have gotten lost in the mail.

    Posted 1 month ago #
  17. mountainbiker

    Member
    Login to Send PM
    Post Count: 32

    Hello
    Quick question.I am getting ready with compiling the letters.

    If I send the letter to HR would it in anyway be detrimental to my complaint with the EEOC?. Since they have scheduled an interview with me next month I want to make sure that they don't question why I am still dealing with HR when they are jumping in.Even though I will be sending them a copy of the letter, they won't find any fault with me right for sending the letter to HR.Correct?

    Thanks.
    MB

    Posted 1 month ago #
  18. OnYourSide

    Member
    Login to Send PM
    Post Count: 405

    No, it absolutely won't interfere with your EEOC claim.

    Posted 1 month ago #
  19. msliberated

    Member
    Login to Send PM
    Post Count: 443

    Moutainbiker, I also have an on-going EEOC complaint and still employed. Just last week I reported to HR how the co-worker that started all the whirlwind in my workplace life by fabricating a story(lies) to support my Boss's plan to push me out the door, came waltzing through, taunting me while I am working(physcho.) That got everyone's attention including my evil boss who is now staying awayyyyyy.... from me. He didn't know I am aware of his plans and have lots and lots of proofs and witnesses. The more you squeak the more they'll rattle up and make errors. Right is right..... and like my mother use to say "you could never go wrong as long as you are telling the truth" Besides, YOU have a good support system and OnYourSide in your side!(smile)

    Posted 1 month ago #
  20. mountainbiker

    Member
    Login to Send PM
    Post Count: 32

    Thanks msliberated and OnYourSide.I will mail these letters tomorrow.

    msliberated
    Glad to know that you are dealing with the situation smartly.I will do the same. Actually I have also seen the same thing happen to me. Ever since I went to HR and never backed down on my case, my boss's attitude and dealings with me has gotten worse. He thinks that I am stupid and that I am not tracking all these. But I am maintaining a diary and noting down all the stuff that he is doing including telling something in a group that he knows would hurt my feeling.Sometimes would twice in the same meeting to get his point across. Nowadays he seems to be hell bent on taking revenge as much as possible and in the process makes more errors.

    Yep.I have a great support group here.I am so happy that I found this site one day.Thanks a lot.

    Posted 1 month ago #
  21. littlelulu

    Super Moderator
    Login to Send PM
    Post Count: 2914

    And we are happy that you found this site, Mountainbiker. It is really lonely when you are being bullied and discriminated/retaliated/harassed at work. You feel SO alone. What is happening to the members of this forum is INEXCUSEABLE but at least we have each other to vent with, get advice from, understand us, learn from each other and care about us.

    Posted 1 month ago #
  22. mountainbiker

    Member
    Login to Send PM
    Post Count: 32

    littlelulu
    Yes.I feel so lonely at work but have good friends and a strong spouse and family friends that are helping me with this ordeal.I totally agree we have this site to learn from each other.

    Today I got a copy of that next year's workplan from my boss.After I copied it, he was like "you know this is just an estimate that I keep to track resource allocations. If it is worth anything it is not anything more than that.blah blah.......". I kinda figured he realized whats happening here.So I told thanks and took a few copies.
    Will mail it together with the letter tomorrow to HR and EEOC. Could not do it today due to car dropoff at repair place.

    Thanks
    -MB

    Posted 1 month ago #
  23. littlelulu

    Super Moderator
    Login to Send PM
    Post Count: 2914

    It never ceases to amaze me our employers *expectations*. They are totally different from one worker to the next EVEN when the workers jobs are EXACTLY the same. It is ridiculous how the "pets" do nothing all day long but personal business (like talking/texting on their cell phones or planning a parade line up as the leadworker at my former office did every year for the hometown parade) while the "square pegs" are expected to do all their work as well as the slacker co-workers......

    Posted 1 month ago #
  24. mountainbiker

    Member
    Login to Send PM
    Post Count: 32

    Littlelulu
    Yes it is so true.I see the same issue with my boss as well. Treats his pets so nice all the time.

    Well here is an update. I mailed in my letter to EEOC and my HR. HR received it yesterday. Seems like they haven't read it yet. Lets see how next week goes.The co-worker is still sending me work as if they are my boss.I am saving all these emails.I guess this just gives me more ammo.

    Will post an update soon.
    MB

    Posted 1 month ago #
  25. littlelulu

    Super Moderator
    Login to Send PM
    Post Count: 2914

    Oh DEFINITELY keep all those emails because that is going to be your proof of what they are doing to you.

    Posted 1 month ago #
  26. mountainbiker

    Member
    Login to Send PM
    Post Count: 32

    Another update. Today when I sent an email to boss telling that the female co-worker askd me to do some work and I refused. I asked if I should do the job or not since the boss decides that. The boss Cc-ed my email to the coworker and asked me if I can do the same job in addition to my current job. In addition said "On a related note,XXXXX (the female co-worker) is working on collecting the tasks thru the middle of next year and will decide who works on which one." Made it sound like it was a recommendation he was asking from her.

    I thought this is very strange considering that only last week or so he had said the same thing. Now why would he want to put this in email again? I think he did it in order to reinforce the point that the co-worker is controlling my work. This is really stupid since my retaliation letter reached HR last week. Could this boss be so stupid to ignore HR's warnings? Or he is clueless on what is going on?

    I am saving all these mails since it gives me more ammunition.Clearly for no reason to bring up work allocation for next year just does not make sense to me.Seems like now that he knows that case has been filed, he is unable to control his emotions just like Curt says in his lessons. They know it is illegal to do this but they do it anyway.

    What do you guys think?

    Thx.
    MB

    Posted 1 month ago #
  27. littlelulu

    Super Moderator
    Login to Send PM
    Post Count: 2914

    I think either your boss is seriously losing it (early onset Alzheimers anyone?) or he is such a POMPOUS ASS that he thinks he can do and get away with whatever he pleases. Just keep those email for more proof of the crap he is pulling on you.

    Posted 1 month ago #
  28. OnYourSide

    Member
    Login to Send PM
    Post Count: 405

    He's a jackass who thinks the rules don't apply to him.

    Posted 1 month ago #
  29. mountainbiker

    Member
    Login to Send PM
    Post Count: 32

    Thanks OnYourSide and Littlelulu.

    Sure.I made copies of those emails.I think he is more of a jackass who thinks he can get away with anything.During a conservation a few months ago, he casually told me that nobody can question his decisions. I thought that was an arrogant statement since even the CEO of a company is answerable to investors and board members.

    Forgot to add this yesterday.In my last meeting he said there was no project plan on who goes where and when for training.I even confirmed this in my meeting minutes to him.Yesterday found out that the female co-worker is going to train some people offsite in early November for 3 days. She asked me if I could be the backups when she is gone.
    It is really sad that he has to tell a lie when there is project plan with dates and people allocated.

    Thx again.
    MB.

    Posted 1 month ago #
  30. littlelulu

    Super Moderator
    Login to Send PM
    Post Count: 2914

    Oh Goody - A GOD COMPLEX!!! JERK!!!

    Posted 1 month ago #

RSS feed for this topic

Reply »

You must log in to post.