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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110416
Experience:  20+ Years of Employment Law Experience
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I am a veteran with disabilities.i wasnt given an equal opportunity

Customer Question

I am a veteran with disabilities.i wasn't given an equal opportunity at work.instead I am about to lose my job over a few people that don't even meet the requirements to be there in the first supervisor hazed me on the gun range ,counted me down on my score. I think I have been a victim of discrimination or racism
Submitted: 3 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If the employer is aware of your disabilities and you have sought reasonable accommodation for those disabilities and the employer is refusing to provide them to you, then you have grounds to file a complaint with the EEOC or a suit in state court for discrimination based on your disabilities. You would need to prove that 1) your employer was aware of your disabilities, 2) that you asked for reasonable accommodation for the disabilities, 3) the employer refused to grant a reasonable accommodation.

As far as racism, you have not really presented sufficient information regarding what leads you to conclude that, but if you have evidence that you are being treated differently based on your race, then you would file this together with your ADA discrimination complaint to the EEOC or it would be added to your suit for discrimination.

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Customer: replied 3 years ago.
Out of 25 employees 24 were allowed to bid on the position they wish to work but when comes my turn to do so ,my supervisor told me that they already hired a new guy to cover that position .This process was based on seniority; then again they are willing to assess me on this position for 8 hrs and compare my performance to the other guy while he already had over three weeks of training...all I keep hearing from the supervisor is that I better stay on my toes because other I am out of here..
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your response.

If you were the only employee treated in this manner, then this is at least a prima facie (basic evidence) that there was some discriminatory reason. You need to then prove what that discriminatory reason would be, your disability and/or your race, and you need to have witnesses or evidence such as statements about your disability or race to support your complaint. From what you state, it appears that if you are the only one being treated this way, you could have a claim, but without seeing the evidence it is tough for us to give you more in depth specifics other than you can file a complaint with the EEOC for investigation and seek a right to sue letter from them.