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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I recently had to call in sick due to a backache (previous

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I recently had to call in sick due to a backache (previous car acident). My supervisor (the program director) commented to me "Ahh! That's for old people", to which I did not reply. The following pay period, I noticed my check was short ( few hundred dollars). No one had put in my sick days. I was told I would have to wait until the next pay period (two weeks). I requested to speak with human resources to see if a check could be cut that day. In short, I was paid. Since then I am experiencing more "weird" things going on (evaluation marks, vacation requests declined..). Right now everyone is approved for vacation all the way up through November. I submitted a vacation request for the end of July back in April. My vacation has not been approved and has "pending" noted by my name. Should I be concerned that I, a Black woman, am being discriminated against?
Hello and welcome,

The supervisor was referring to sick pay when they made the comment that it was for old people?

Are you over the age of 40?

Have you taken FMLA leave for the missed time?

Customer: replied 4 years ago.
I am over 40. I did use my sick leave for the three days that I was out.
I see.

Since it appears you are being treated less favorably than similarly situated employees, there is reason for concern.

It is not clear to me though whether the supervisor may be engaging in race discrimination, age discrimination (because of the comment about age), or perhaps retaliation for taking FMLA leave if that statute was applied to your sick days as well. Federal and state law prohibits all 3 types of discrimination/retaliation.

Because you do have reason for concern here, I would retain a local employment law attorney to guide you through this situation further.

For age or race discrimination (age discrimination appears more likely at this point because of the comment, but if the individuals being treated more favorably are not necessarily younger but are not minorities, race discrimination could be involved instead), one would typically file a complaint with the HR department in an attempt to promptly resolve the matter.

If it is not resolved, then a complaint would be filed with the state Fair Employment and Housing Commission.

For a FMLA violation, an attorney would usually attempt to resolve the matter on your behalf or file suit against the employer in federal court.

In any case, you should have an attorney reprsenting you going forward because it does appear that some sort of discrimination/retaliation is involved.

Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction.

Thank you and all the best to you,

Tina

If you experience technical problems, please let me know or contact [email protected]

Tina and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
I apologize, I was unable to edit my question. Where race would come into it is, in an evaluation done on me by the program director (who has less education than I with graduate degrees in Criminal law and Psychology) I saw a comment made that stated "Oral communication skills need improvement to meet expected standard.This could be cultural". That evaluation never made it to me, however I made copies.
I see. No problem.

Yes, that comment could suggest race discrimination. If that is coupled with evidence that non-minority employees are being treated more favorably, then that would provide a basis for pursuing a race discrimination claim typically.

Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction.

Thank you and all the best to you,

Tina

If you experience technical problems, please let me know or contact [email protected]

Customer: replied 4 years ago.
Thanks you so uch for your time!
Customer: replied 4 years ago.
Again, thanks so much for your time!
You are very welcome. Good luck to you and take care.

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