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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11243
Experience:  Significant experience in all areas of employment law.
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I am a Black Flight Attendant and was suspended for 7 days

Customer Question

I am a Black Flight Attendant and was suspended for 7 days due to a complaint of a White Gate Agent claiming that I was rude on the phone to her of which I vehemently denied, but my word was completely overlooked by our white boss and was placed on a 7 days suspension without pay and no investigation done
what are my rights
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Expert:  Patrick, Esq. replied 1 month ago.

I'm very sorry to hear about this. In general employers have much discretion when it comes to discipline. They need not be fair or reasonable and they need not reach factually accurate conclusions. The one exception is when adverse employment action is motivated by a legally protected trait, such as race, religion or disability. In that case, it becomes actionable in civil rights grounds.

If you believe you can prove that the same adverse employment action would not have been taken against you BUT FOR the fact that you are African American, then you would have a claim for discrimination under our civil rights laws. Your recourse here would be to file a complaint of discrimination with the Equal Employment Opportunity Commission. The EEOC will investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue in civil court with the assistance of an attorney. See here to initiate the EEOC complaint process.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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