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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15652
Experience:  Employment/Labor Law Litigation
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I have been a salaried employee for a little less than one

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I have been a salaried employee for a little less than one year. In my 3rd and 4th week of employment i was working with peers being trained by a manager whom was very aggressive verbally. During the training with this manager I was told to sit the Fu** down and to shut the Fu** up. Since then i have worked with this manager and witnessed racial remarks such as "your clients just want someone to treat them like they are white". He has made comments on sexuality and consistently curses towards and around me. This manager has now been assigned to me in the last week and is clearly targeting me, bullying me and dragging others around me into the situation. I acquired a health condition in my 3rd week of training in which caused me to be late to work one day. I was pulled into a room with several managers and a director and was asked to define my health issue via email and what i was doing to be preventative in the future. The manager i speak of is clearly trying to get me fired and i am considering emailing my director and HR regarding these incidents and how they make me uncomfortable with this person as my manager.. I like in Kansas City, and am wondering if my POA is the correct one.

thank you
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Ok. You mention that this person has made racial and gender comments around. Have they been about you, meaning your race or your gender?

Or rather, are they about another race and another gender, and you just happen to be the one hearing it? If this is the case, have you made a report of the issue to HR yet about these comments specifically? (I'm assuming no, based on your post but I'm wanting to be 100% clear on the lay of the land here).

On the health issue, I need a bit more detail on that; sorry to pry. Is it a disability issue or was it simply a medical issue that was serious, but transitory in nature?

Customer: replied 1 year ago.


I was at a dealership training with this manager, we were sitting in a room with the owners of this dealership and the manager said to the owners that "he understood, and that the folks out here just want someone to treat them like they're white". I was in the room and witnessed it, i am caucasion as is the manager. This made me look like i was prejodice as well..


 


I have not gone to HR with any of these issues because i have been unsure of how they would handle it and/or if it would hurt me more than help. Now that my job is being threatened, i am looking for any solution to get this manager to stop targeting me.


 


I travel for work and sometime after the second week of training i acquired a MRSA staph infection on the road (hotel or airplane) It is very quick to apear and can be deadly in no time so I have been forced in several cases to see the ER immediately. They were asking me all about it and what it is. The woman who hired me said that during the interview process i was asked if anything would prevent me from doing my job as a trainer and i said no. This was something i "should have disclosed". I explained to her that i did not have this terrifying condition until i worked for the company.


 


thank you so much,


Matt

Expert:  Allen M., Esq. replied 1 year ago.
Ok.

First, let's address the gender and race comments. Unless the comments are directed at your race or your gender, they do not qualify as discrimination that would give you any sort of protection or action within the workplace. So, the comments alone are not enough.

For you to be protected, you have to have made a complaint to HR to resolve what you believe to be inappropriate discrimination in the workplace. Then, any retaliation against you for having made that HR report would be illegal under Title VII rules.

So, until you actually go to HR, you are unprotected, in terms of these race and gender comments. They avail you no legal avenues until you take the step of reporting it. Once you report it, the employer should come down on this manager for the comments.

Next, on the issue of your illness, an employer is legally permitted to ask about the basis for medical absences and whether or not you can continue to work. They have a legal obligation to their other employees and they also have potential liability for allowing someone to work who shouldn't be working. So, the questions concerning your health were not illegal.

If you received this illness while working with them, you should be covered under worker's compensation, considering this a workplace injury/illness. The problem you'll have is connecting it to workplace rather than travel, which may or may not be "work" related. For instance, if you got the MRSA while in a hotel, during your off hours when on travel, it could be considered not work related. Regardless, it is worth filing it as a worker's compensation claim, to place you under another layer of protection. Termination when you are using worker's compensation is not illegal, but it takes on the appearance of retaliation for using worker's compensation, which is illegal.
Customer: replied 1 year ago.


Understood sir, how about the him using profanity towards me?


 


If i take this to HR now, can i request to be underneath another manager and expect to earn that? Although the issues were a while ago, am i entitled to a new manager if i request it due to being uncomfortable?

Expert:  Allen M., Esq. replied 1 year ago.
Profanity is not illegal in the workplace. It's unprofessional and rude, but not illegal.

Many people mistakenly believe that it falls into the "hostile work environment" category, but it doesn't unless is it directly as a result of discrimination against you based on your race, religion, gender, age, disability or FMLA use.

So, if this person hated men, for instance, and constantly cussed out just men...that could be a hostile work environment, based on the illegal motivation behind it.

As for demanding a specific resolution, no you can't really do that. You can ask for it, but the company has the ability to work out their own resolution. The problem here is that the discrimination you are mentioned in happening in the workplace, but it is not strictly about the workplace, like this person making negative racial comments about other employees specifically. Also, the discrimination is not directly toward you. Nothing in the law will force the employer to give you a new manager.

That being said, you are totally unprotected without reporting the issue to HR.
Customer: replied 1 year ago.


okay, last question..you are doing fantgastic by the the way!


 


I am significantly younger than this manager and he has pulled me aside in the past and said that "at some point i have to Fu***ng grow up and stop acting like a punk a** kid"


 


This is something i should include in my report to HR and that due to my age i feel he has been targeting me and bullying me by using profanity and aggresive approach?


 

Expert:  Allen M., Esq. replied 1 year ago.
Ok. Age discrimination only works one way in the law. Unlike race and gender, where a person can commit "reverse" discrimination by targeting the majority, that doesn't work in age discrimination according to the U.S. Supreme Court.

So, it is only age discrimination when you target people for being older, not younger.

So, his treatment of you based on your youth is not going to be any sort of legal protection for you. You can certainly report it with the remaining issues, but it doesn't legally add to your protections.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15652
Experience: Employment/Labor Law Litigation
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