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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 16112
Experience:  Employment/Labor Law Litigation
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I am in a situation where I am being bullied and discriminated

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I am in a situation where I am being bullied and discriminated by my boss. I am help accountable and my white counter part is allow to miss 4 project deadline with any accountability. I am belittled and made to feel intimidated in from of my peers. She doesn't even communicate with me unless she is angry about something where she feels she needs to scream or shout at me. This behavior is persistence with all minorities and many have express the same scenario as myself and many are afraid to report the problem because one it is a legal organization and two the fear that there will be retaliation. I am at my of my rope and I wonder if i should refer to EEOC
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

How many employees does the employer (the company) have? More than 15?

 

So, you have said that many are afraid to address the issue. Does this mean that no one has reported these issues to HR?

Customer: replied 1 year ago.
There are 125 employees in the organization and many people are afraid of the Executive Director who is an attorney and she is very retaliatory in her action toward minorities and she is very well connected in and respected in the legal community therefore people are very apprehensive toward reporting the bullying and discrimination she has told me on more than one occasions that my head will roll if it affects her credibility and that I will loss my job before she will. And it is a constant theme of threats and my counter part who just got hired a year ago who has not proven himself has the ability to be involved and have input in my area. I am never allowed to take part in his meetings and she uses his input as the final word. I have been placed under scrutiny for a decision she made to not to spend money on a server that I informed her that would crash if we did not upgrade and now she is holding me accountable and using this incident as a means to under-mind me and my credibility and the HR Director has been heard all the negative and demeaning comments and yet he has not said a word to her and his an minority himself so there is a feeling of helplessness
Expert:  Allen M., Esq. replied 1 year ago.

Ok. The reason that I asked about that is because, if HR isn't given the chance to cure the issue, they can claim that as a defense.

 

Here though, you have expressed that HR was aware and has done nothing. Therefore, you can go straight to the EEOC.

 

Now, there are laws that protect you from retaliation when making an EEOC complaint. The problem is that law is slow. You have to go with the understanding that you can face retaliation if the employer wants to behave stupidly and it may be some time before that retaliation is addressed by the EEOC or a court. You could even be fired, which would be illegal, and it will not be a quick resolution.

 

That being said, if the company is smart, they will recognize that they would be increasing the power of the EEOC claims by retaliating.

 

 

Customer: replied 1 year ago.
So with that being said there really isn't a good solution. She reports to the Board and there is a no retaliation policy but I don't know how serious they will take it. Do I still take the abuse and continue to document to firm up a tougher case or in your professional opinion do something now or just look for another opportunity.
Expert:  Allen M., Esq. replied 1 year ago.

Every person that goes to the EEOC faces that same situation, that the law works slowly.

 

I can't speak for your personal situation. Either you want to pursue the avenue of litigation or you do not. I won't lie to you and tell you that it is a rewarding experience. It's not. It's actually pretty horrible, even when you win.

 

But it is a form of justice and those that go through it typically feel that their voice was at least heard.

 

If you're going to find another opportunity, then actually suing is easier because you'll be out from under their thumb. Then you could file your EEOC complaint, work with them, but be in a different work environment. Staying where you work while you are in the midst of an EEOC complaint is hard, but that is actually what happens most of the time.

 

I'm always in favor of pushing the employer, but it's easy for me because I don't have to work there with them. This is a person choice. I can just tell you what is available.

 

I will tell you that this person's personal connections will mean very little to the EEOC. They love their "giant killer" role.

Customer: replied 1 year ago.
One last question would my case be considered race discrimination or harassment or both? I am just amazed at what the organization stands for and how employees are treated and I guess there are strengths in numbers because more than one person has the same issues. I am still not sure what to do and the HR person who is a personal friend and he sees the problem and issues as well. It's one of those situation that is tricky and I trying to find a way to defeat her and I seems to me it not possible.
Expert:  Allen M., Esq. replied 1 year ago.

Harassment doesn't legally mean anything in employment law. It is not it's own claim.

 

Harassment is just a version of some actual form of discrimination, so this could be considered race discrimination as demonstrated by harassment.

 

If there was no racial motivation, the harassment wouldn't actually be illegal according to the U.S. Supreme Court.

 

Your choices are either to remain silent or to go to the EEOC to complain of what you perceive to be discrimination based on your race. They will investigate and ultimately provide you a "right to sue" letter and their investigation evidence, which will entice an attorney to take your claim up to state or federal court.

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 16112
Experience: Employment/Labor Law Litigation
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Allen M., Esq.
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