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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1836
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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after standing up to manager in monthly staff meeting seems

Resolved Question:

after standing up to manager in monthly staff meeting seems HR Director was here within 4 days to have me sign a new job descp and now seems like Director & Adminstrator are out to get me Asking other employees if i am to friendly with the clients at center, i feel threatened IS THIS A HOSTILE WORK ENVIRONMENT
Submitted: 1 year ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Customer:

yes

Employment-LawExpert :

Welcome to the chat.

Employment-LawExpert :

First, let me say that I am terribly sorry that you are in this situation. It is a shame when an employer acts in a way without legitimacy. As for your question, a hostile work environment occurs when the treatment is as a result of a protected category such as your age (over 40), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability. Unfortunately, the courts have made very clear that they will not be the arbiters of other claims for a hostile work environment that is not premised on a protected trait such as race or religion, reasoning that if workplace harassment could form the basis for legal action, we would see thousands of such lawsuits every day.

Employment-LawExpert :

This is certainly not to diminish your concerns or complaints, but rather to explain the policy behind the law, which may assist with your understanding.

Employment-LawExpert :

You mention that this all started when you stood up to your manager. What was the reason behind this?

Employment-LawExpert :

Because there are a few other exceptions to this, wherein you would be protected under public policy grounds for reporting anything illegal or engaging in a legally protected right.

Customer:

i am the only Afro_Am male here and i am a retired 26.5 law enforcement sergeant who recieves a pension check and i stand up for myself i think this intimates them

Employment-LawExpert :

Then, it sounds like you have strong grounds to make a formal complaint to them of discrimination based on race. You would want to do so in writing, either through email, or a certified letter, sent with return receipt requested.

Employment-LawExpert :

This would show that you made a complaint of a protected category, which would make any retaliation based on that complaint unlawful.

Employment-LawExpert :

Then, if the treatment continued, you would be able to file a formal complaint with the EEOC for discrimination based on race, as well as retaliation.

Employment-LawExpert :

You would file such a complaint here:

Customer:

Thank You

Employment-LawExpert :

Not a problem. Does this fully answer your question today?

Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1836
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 7 other Employment Law Specialists are ready to help you

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