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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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New company bought us and we were all included to go with

Customer Question

New company bought us and we were all included to go with the new company. I was the plant manager. Without any warning I became the plant superintendent with my same pay. I am a black female and a white male replaced me
Submitted: 4 months ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 4 months ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of employment law experience. It is a pleasure to assist you today.

Based on what you have shared with me, you have lost some supervisory authority. Even if you have not lost any money at the present time, loss of supervisory authority can be a sign of discrimination. You also fall into a protected class in view of the Civil Rights Act. As such, you have what can be construed as a prima facia case for discrimination. If you file a claim, the employer will have to put forth a reasonable, non-discriminatory reason as to why this move was made. Since this was a buyout, it is possible that they can use that as their reason if the white male was with the parent company.

At this moment, my suggestion is to meet with your local EEOC office and discuss filing a claim for discrimination. The EEOC will investigate and the employer is prohibited to taking adverse action against you. If the EEOC finds merit in the claim, you will be allowed to file suit in federal court for damages and attorney fees and may even receive your previous position back as well.

Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS) on the ratings bar on your end so I can receive credit for my response from the site.

Thank you and best wishes!

Expert:  Delta-Lawyer replied 4 months ago.

Did you have any other questions or concerns? Thanks

Expert:  Delta-Lawyer replied 4 months ago.

Just checking to see if you have any other questions or concerns. I want you to be as comfortable as possible as you move forward.

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