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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4540
Experience:  Exclusively practice labor and employment law.
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I have been at a company years. I'm still part time was

Customer Question

I have been at a company for 22 years. I'm still part time was never given an opportunity to to go full time bc I was there 6 years and one day I had a medical issue with my eyes. This situation caused me to go in a different direction bc the company wouldn't allow me to go driving bc even though to my understanding you can still get a class d license with 20/40 in one eye. I decided to go in management and don't rock the boat I have been past up with promotions for several years bc they said I have no degree but atlest half of the employees that were promoted have no college degree. I'm a white man and pretty much all management that promote and make these decisions are black. Do I have a case. This is a Fortune 500 company. Am I been discriminated based on disability and reverse discrimination?
Submitted: 9 months ago.
Category: Employment Law
Expert:  John replied 9 months ago.

You have a prima facie case fordisability discrimination assuming you can do the driving job and they are not promoting you into that position because of the perception that your vision issue should prevent you from that. Your race discrimination claim isn't something you could pursue unless the persons they hire into the driving positions also have what they consider disabilities but are not white - if that is the case however, then you also have a prima facie race discrimination case.

Customer: replied 9 months ago.
I'm sorry I have might have been confusing but on the racist discrimination after I lost my vision in one eye I decided to go in the management direction and not pursue the driving position. I have been passed on promotion numerous times and they use the narrative that I don't have a college degree but on several occasions there were employees promoted without degrees. I work in an area where the workforce is predominantly black and I'm white. I'm ranked in the top 10% at my position in the whole United States.
Expert:  John replied 9 months ago.

I see. Yes then you at the very least have a prima facie case of race discrimination - key to this being if you can show that non-whites are promoted without college degrees. You could file with the EEOC and/or get an attorney to pursue the matter for you.

Expert:  John replied 9 months ago.

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