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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18814
Experience:  Employment/Labor Law Litigation
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I sent an email to my human resources department an I

Customer Question

I sent an email to my human resources department an I referred to a group of individual co workers as African Americans, White Americans and Hispanic American because they didn't want me use their names. Is that disrespectful or inappropriate?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 3 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

I would not say that it is either disrespectful or inappropriate, no. That being said, there is nothing in the law that says that an employer can't feel that it is disrespectful or inappropriate.

They'd have a difficult time establishing that if they were to terminate you and try to block unemployment, but that's only because the employer bears the burden of proof to block unemployment.

In the employment environment, an employer has a lot of freedom to discipline employees as they see fit.

Your question is a bit vague, so I've answered to the extent I can with the limited facts. Feel free to give me any additional facts to consider in a follow up question.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 3 months ago.
If you are would like to bring disciplinary action against your employer for unfair treatment and you have a group of co workers that want to participate. Where do you start?
Customer: replied 3 months ago.
If you are being individually harassed by your employer. How do you prove it?
Expert:  Allen M., Esq. replied 3 months ago.

Proving it is difficult. There is no magic recipe, but your testimony can be sufficient to prove that you are being singled out.

However, being singled out is not illegal by itself. You'd have to allege that you were being singled out based on your race, religion, gender, age, disability or recent FMLA use for this to even be illegal.

If you feel that you are being singled out based on one of those factors, then you should file a complaint with the EEOC (or Department of Labor for FMLA issues). They can then help you find the proof in their investigation, which is what the EEOC is tasked to do.

Customer: replied 3 months ago.
It would be based on gender. I was called an ignorant women, disrespectful, condescending, and told my one of voice is to strong. I am a supervisor with no complaints on record. I have been with the company for 30 years without any issues until now with a new director.
Expert:  Allen M., Esq. replied 3 months ago.

Then certainly you should file an EEOC complaint immediately. Through that investigation, the EEOC can identify the necessary evidence to support that claim.

You just have to make the general allegation. You don't need an attorney and this is a protected activity, meaning the employer can't legally terminate you or retaliate because you filed.

Customer: replied 3 months ago.
If I am told that I have a pre dis hearing for unprofessional behavior. Don't I have aright to know what I am being accused of doing? before the hearing or do I have to wait until the hearing to find out.
Expert:  Allen M., Esq. replied 3 months ago.

No, you don't have a right to know that before the hearing.

An employer isn't a court, so the concepts of due process don't apply. The employer can certainly wait to spring this on you, but if you complain to the EEOC their behavior (refusing to reveal the issues) will just look retaliatory.

Expert:  Allen M., Esq. replied 3 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.