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Barrister, Lawyer
Category: Employment Law
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Experience:  16 years practicing attorney
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Works as a driver for Toxic Games Warehouse, a wholesale

Resolved Question:

Sam works as a driver for Toxic Games Warehouse, a wholesale distributor and online retailer of video games and accessories. Over a ten-year period, Sam repeatedly applies for and is denied a promotion to the position of dispatcher. Sam meets the requirements for the job, which are a years driving experience and a specific license.
After one interview, Sam overhears the interviewer tell a co-worker that Sam, who is white, didn't get the job because whites are lazy. Is this employment discrimination? Explain. 200 words
Submitted: 4 years ago.
Category: Employment Law
Expert:  Barrister replied 4 years ago.

If Sam met all the requirements for the position and was denied solely based on his race, then this would meet the criteria for employment discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) states that a person can only be legally considered to have been discriminated against for employment if it is on the basis of race, religion, national origin, physical disability, gender, or age. Additionally, Title VII of the Civil Rights Act of 1964 (Title VII), prohibits employment discrimination based on race, color, religion, sex, or national origin.
If Sam overheard this conversation, then he would have prima facia evidence that the denial was, in fact, racially motivated and therefore would be unlawful. Sams recourse would be to file a "charge of discrimination" with the Equal Employment Opportunity Commission (EEOC). The charge must be filed by mail or in person with a local EEOC office within 180 days from the date of the alleged violation.

The EEOC will investigate the complaint and if they determine a violation has occurred, they will issue a "right to sue" letter that basically says that they have found probable cause to believe that the employee has been discriminated against. The employee can then contact an employment law attorney about filing suit against the company if they do not address it and remedy the problem.







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