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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37816
Experience:  I provide employment and discrimination law advice in my own practice.
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Im a Hispanic working on an all white team. My boss has made

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I'm a Hispanic working on an all white team. My boss has made comments to me as follows: 1- we are like a country club and if you don't belong to the club you don't succeed. 2- XY person (former employee) was only working here because she was a minority. 3- sometimes people wearing too much makeup are not able to succeed. 4- people who are not liked don't get promoted. 5-I'm not apt to speak to c-suite level employees within a particular client. 6- people are afraid of what I might say (note that my technical ability is excellent and never been questioned) in front of clients. Do these comments constitute discriminatory remarks?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you directly with your concerns.

To answer directly, please allow me to go statement by statement and respond to your concerns.

1- we are like a country club and if you don't belong to the club you don't succeed.
Unless he is insinuating that you are not part of the club because you are not white,it is not discriminatory. Being part of a 'club' does not necessarily have a racist element, it may simply be a means of stating whether or not you are a member of the collective and the group or not, without it being related to you being Hispanic. Purely as a comment it does not inherently appear discriminatory.

2- XY person (former employee) was only working here because she was a minority.
That potentially is discriminatory. It may not be discriminatory to you, but this is a direct example of a potential hostile work environment.

3- sometimes people wearing too much makeup are not able to succeed.
Not discriminatory. Wearing makeup is not a protected factor, and the comment also happens to be true. Unless it was being said because you are a woman, it is tough to claim this has discriminatory intent.

4- people who are not liked don't get promoted.
Not discriminatory at all, and likewise true. Since employers have the right to promote as they see fit, they do tend to promote those they like personally over those that they do not get along with, and that is also not discriminatory.

5-I'm not apt to speak to c-suite level employees within a particular client.
That is a business decision. Without more facts it is hard to claim this is discriminatory-it may have been at the request of the client, for example.

6- people are afraid of what I might say (note that my technical ability is excellent and never been questioned) in front of clients.
Also not discriminatory. This is not based on your gender or race but arguably your professionalism. So that is not likely discriminatory.

Hope that helps.

Customer: replied 1 year ago.

I reported the potential harrassment but they never asked me to put it in writing, why?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

My suspicion is that they did not want to create a paper trail and wanted to smooth this out so as if it did not exist. But I am only guessing. You still have the right to contact the EEOC and file a grievance with them directly.

Good luck.

Customer: replied 1 year ago.

The harrassing behaviour is still going on, should I go to HR again and have them put in writing or should I just go to EEOC?

Expert:  Dimitry K., Esq. replied 1 year ago.

Before you escalate it outside the company you have to show that you attempted to resolve it in 'good faith' within the company. As a consequence, and so as to have a better chance to prevail should you need to escalate, you have to give the company itself the opportunity to get this resolved and only if they fail contact the EEOC. It, likewise, allows you to create your own paper trail and strengthen your own position pertaining to your allegations about this behavior.

Good luck.

Customer: replied 1 year ago.

Thanks, XXXXX XXXXX should ask them to put the complaint in writing this time, right?

Expert:  Dimitry K., Esq. replied 1 year ago.

You are most welcome!

Correct, you need this in writing so as to create your own paper trail. Good luck!

Expert:  Dimitry K., Esq. replied 1 year ago.
If satisfied, please do not forget to positively rate my answers to you or else I do not obtain credit for assisting you with your concerns. Thank you!

Sincerely,

Dimitry, Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37816
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

If I had an incident a couple of years go within the same company, I was working on a different department, where i complaint that my co0workers did not invite me to an event and kept me out of the loop, does that hurt my chances,? It was never reported to HR or anything.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

That does not hurt anything but it also does not help anything. For EEOC purposes there is a 180 day statute of limitations--if an event takes place and HR does not resolve it, you have 180 days from the date of incident to report it. So if something occurred a few years ago, it is too far back at this time to really pursue in any meaningful way.

Good luck.

Customer: replied 1 year ago.

Ok but can they use it as character assassination, like I have a history of paranoia?

Expert:  Dimitry K., Esq. replied 1 year ago.

No, not really. It is really not related to this event, especially since each claim has to be independently evaluated and review. So even if you arguably cried wolf in the past (or so they claim), that does not mean that this was that time. That type of evidence is not really a claim because it does not validate either position, it simply shows that the initial complaint was never pursued.

Good luck.

Customer: replied 1 year ago.

Today, there was another incident where my boss was interrupting me on a client meeting and talking over me. I've been in the business13 years and handled those type of calls all the time as well as in-person meetings.


 


This is the type of harrassing behaviour, aside from referencing former minority employesss that I'm reffering to. My colleagues do not get treated this way.


 


I will go to HR tomorrow to report this incident and make certain I put it in writing. What I might do is send an -email to HR stating, I want to discuss an incident as a follow up to our discussion Monday about my complaint regarding Discrimination/Harrassment due to National Origin.


 


What do you think?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

That makes sense, it creates a history that this isn't a first attempt to resolve and that you have attempted to get HR to assist you in the past.

Good luck.

Customer: replied 1 year ago.

Then, you feel that the incident above merits me reporting it right?

Expert:  Dimitry K., Esq. replied 1 year ago.

To be honest I do not see a boss talking over an underling to be harassory. I do consider it rude and unprofessional, but there is nothing in your facts that makes it appear that it was done due to discrimination. When a person is rude or a jerk, that is not against the law.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37816
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and other Employment Law Specialists are ready to help you

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