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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19686
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have the same title as another manager (well actually two

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I have the same title as another manager (well actually two more) in my department. I work at a private company - no union. I think my employer may be trying to get documentation to fire me (being very picky, blaming me for things my manager told me to do or approved before I submitted to senior level). I'm an African American woman, a colleague who shares my title is a white male. He has fewer responsibilities as I do - most recently I was given two responsibilities/ongoing projects that he was originally assigned. And one of the remaining few assignments he has, he is making many, many, many mistakes on.

My question is this - if they do fire me for quality of work, and they don't fire the white male, could I have a discrimination case?

Thank you for the information and your question. Although there is no way to say with certainty what the outcome of a racial discrimination claim might be, based solely on the information you have provided, it does appear that you would definitely have a reason to file a complaint with the NYS Division of Human Rights and/or the EEOC. In other words, if you have the same or very similar performance issues and history as a white male, and only you are let go, then there is a prima facia issue of disparate treatment.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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