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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16141
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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i am the only african american employee who works at a pediatric

Resolved Question:

i am the only african american employee who works at a pediatric office. I have been here for 6 yrs. Just recently I was called a bitch by one of the owners...in front of co-workers, because I refused to go to a function he was promoting for a family member. 4 days later he referred to me again as a snob after I informed him again that I would not be attending.....again in front of a co-worker.

When I first started working there questions were raised by an employee as to why was I hired, simply because I was black. she admitted to saying this and the owners did nothing but send her on vacation for 3 days because she was to distsraught to work. this was swept under the rug, hoping I would not pursue this.

what can I do? gloria
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

These are unfortunate situations, how many employees does the office have?

wallstreetfighter :

Do you feel you race is the reason for your treatment?

wallstreetfighter :

Under Missouri, civil rights laws, and Federal laws, an employer cannot discriminate against any employee due to there race,

wallstreetfighter :

if you feel your race is the reason for the harassment, you can file a civil rights complaint against the employer.

wallstreetfighter :

toll-free Discrimination Complaint Hotline (messages checked weekly):(NNN) NNN-NNNNbr/>Relay Missouri:
Voice:(NNN) NNN-NNNNbr/>TDD:(NNN) NNN-NNNN/p>

Web Address: http://www.dolir.mo.gov/hr/index.htm

wallstreetfighter :

A discrimination claim can be filed either with the state administrative agency, the Missouri Commission on Human Rights (MCHR) or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have what is called a “work-sharing agreement,” which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to “cross-file” the claim with the other agency.


The Missouri anti-discrimination statute covers some smaller employers not covered by federal law. Therefore, if your workplace has between 6 and 14 employees, you should file with the MCHR, as the EEOC enforces federal law, which covers only employers with 15 or more employees. If your workplace has 15 or more employees, you may file with either agency.

wallstreetfighter :

If the employer has less than 6 employees, you would still file a complaint, however, you may have to consider a private lawsuit

Customer:

I do feel it is due to my race

Customer:

I am the only african american working here

wallstreetfighter :

how many employees altogether?

Customer:

40

wallstreetfighter :

Since they have 40 employees, they are covered under the Civil Rights act, and you can file a discrimination complaint with the above listed agency,

wallstreetfighter :

however, if the employer has a HR department, you may want to send a letter complaining of your treatment first and see if anything changes,

wallstreetfighter :

if it does not you can file a complaint claiming a hostile work environment, due to your race,

Customer:

ok....i have copied the information. we do not have a HR dept. I complained to the office manager about why was i hired...nothing was done

Customer:

the comment about me being black and should not have been hired3

wallstreetfighter :

That is relevant also you should complain about the recent comments made to you,

Customer:

i will

wallstreetfighter :

If nothing happens to remedy the matter, you need to file a civil rights complaint against the employer,

wallstreetfighter :

that is your only protection in these matters,

wallstreetfighter :

toll-free Discrimination Complaint Hotline (messages checked weekly):(NNN) NNN-NNNNbr/>Relay Missouri:
Voice:(NNN) NNN-NNNNbr/>TDD:(NNN) NNN-NNNN/p>

Web Address: http://www.dolir.mo.gov/hr/index.htm

Customer:

i complained about the comment...they did nothing. sent her on vacation

Customer:

i have the information, i will contact them

wallstreetfighter :

Good luck, you should not face such harassment at work,

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback, so we can receive credit.

Customer:

thank you very much for your answers

wallstreetfighter :

Good luck,

Customer:

thank you

wallstreetfighter :

If satisfied please provide us with positive feedback, so we can receive credit.

Customer:

thanks, XXXXX XXXXX

wallstreetfighter :

thank you, XXXXX XXXXX sending a letter as well again stating that you feel you have no other option but to file the complaint.

wallstreetfighter :

It is possible they may try to settle with you.

wallstreetfighter :

good luck, and thank you for your time

Customer:

Thanks,

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16141
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 3 other Employment Law Specialists are ready to help you

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