Employment Law Questions? Ask an Employment Lawyer.
Nina,Thank you very much for your reply and the additional information.Unfortunately, I must tell you that the facts you describe would not ordinarily give rise to a claim for discrimination on the basis of nationality or ethnicity. This is because the adverse treatment you are experiencing (being made to take on more work for the same pay) is not the result of your nationality, it is the result of your ability to speak the Spanish language. This is a job skill just like having a degree in computer science, or a certification in CPR--it furthers a legitimate business purpose and employers can decide where to assign you and how much work to give you on the basis of you possessing the skill.The fact you were chosen to run the Spanish group also cannot be construed as adverse employment action on the basis of nationality--it is precisely due to your nationality that you were determined a good fit to run the group. Again, this is an attribute that furthers a legitimate business purpose and, therefore, can form the basis for assigning you work.Although the facts you describe would not give rise to a claim for discrimination for the reasons stated above, it does seem as though your employer may be violating your collective bargaining agreement by requiring you to perform work that is outside of your job description and falls within a higher pay scale. THIS would be actionable by filing a grievance through your union rep, who should be fighting for your interests.To summarize, the employment action you describe regretfully would not give rise to a claim for discrimination, though I certainly understand why you find it to be frustrating. The fact is you are being asked to take on this additional work due to skills and attributes you possess which further a legitimate business purpose. Although no claim for discrimination would exist, it does appear that an individual in your circumstance may have a claim for breach of your collective bargaining agreement and an increase in pay because you are performing work that falls within a different pay scale. This would be an issue you want to address by filing a grievance through your union rep.I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver what you may regard as partially bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you.Very best wishes to you and thank you so much for coming to Just Answer.
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