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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I (African-American female) am one of two managers in my Service

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I (African-American female) am one of two managers in my Service and responsible for a specific program and associated staff. The other manager (White male) has responsibilities for other programs and staff. We both report to the same Service Chief, and not each to each other. HR Department refused to discuss my staff misconduct with me; instead, HR decided to talk to my colleague about my team. My colleague and Service leadership expressed that HR should discuss matters with me (supervisor). Due to lack of communication, my staff has continued with disrespectful conduct to me, internal and external stakeholders, AWOLs, insubordination, etc. without consequences. I have had to seek MH counseling and am experiencing elevated BP and other health issues due to inability to maintain a positive work environment. Staff no longer complete assignments, causing me to work overtime to keep up with my managerial duties after completing staff assignments during work hours, etc. HR will not give approval of performance standards so I am unable to request performance related disciplinary actions; all write-ups for misconduct for past year were minimized and I was told to "start over". Do I have any type of harrassment or discrimination claim against HR? I am so overwhelmed my duties are starting to become neglected...ideas/recommendations are welcome.
Submitted: 2 years ago.
Category: Employment Law
Expert:  TexLaw replied 2 years ago.

Thank you for your question and I'm sorry to hear about your situation.

Often times the line between simple bad management and illegal discrimination can be grey. In your case, it could be argued that HR's refusal to take your concerns seriously are causing you to work in a hostile environment. A hostile work environment is one in which the environment has become so hostile that you can no longer do your job effectively. The law does not prohibit a hostile work environment unless that hostility is based on illegal discrimination (race, age, gender, disability, religion or national origin) or is in retaliation for doing something you are entitled to do under the law (FMLA leaves, etc.).

Do you believe that the reason that HR is not addressing your concerns is based on racial or gender discrimination?

Would you be able to testify that the work environment is so hostile that you can no longer accomplish your job?
Customer: replied 2 years ago.

I do believe the reason HR is not addressing my concerns is based on racial and gender discrimination.

The work environment is extremely hostile for the other employees as well as myself; I requested police presence to maintain order-two employees antagonize internal and external customers, co-workers, so much until other staff/co-workers, "filed a hostile work environment" resulting in workers being removed from office--I still have supervision responsibilities which is causing me to be less productive and late submitting reports and meeting deadlines, causing me to miss important training seminars and meetings.


Expert:  TexLaw replied 2 years ago.
Thank you for your response.

This would then qualify you to make a claim for hostile work environment based on racial discrimiantion and file the claim with the EEOC office nearest you.

In order to make the claim, you will need to contact the local EEOC office and make an appointment with them.

The EEOC will be able to enforce federal law against your employer which prohibits racial discrimination. This may take the form of a penalty assessed against your employer or may be in the form of an action order. After you have gone through this process, the EEOC will issue you a right to sue letter. This will allow you to file a civil lawsuit in which you can claim damages, including mental anguish damages.

Please let me know if you have further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
Customer: replied 2 years ago.

thank you,now I understand! I think my original EEOC complaint of discrimination was incorrect; it should have possibly been for hostile work environment based on racial discrimationation.



Expert:  TexLaw replied 2 years ago.
That's correct. Good Luck!
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience: Contracts, Wrongful termination and discrimination
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