How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 33178
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

Sam works as a driver for Toxic Games Warehouse, a wholesale

Resolved Question:

Sam works as a driver for Toxic Games Warehouse, a wholesale distributor and online retailer of video games and accessories. Over a ten-year period, Sam repeatedly applies for and is denied a promotion to the position of dispatcher. Sam meets the requirements for the job, which are a years driving experience and a specific license.

After one interview, Sam overhears the interviewer tell a co-worker that Sam, who is white, didn't get the job because whites are lazy. Is this employment discrimination? Explain. 200 words
Submitted: 4 years ago.
Category: Legal
Expert:  Barrister replied 4 years ago.

If Sam met all the requirements for the position and was denied solely based on his race, then this would meet the criteria for employment discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) states that a person can only be legally considered to have been discriminated against for employment if it is on the basis of race, religion, national origin, physical disability, gender, or age. Additionally, Title VII of the Civil Rights Act of 1964 (Title VII), prohibits employment discrimination based on race, color, religion, sex, or national origin.
If Sam overheard this conversation, then he would have prima facia evidence that the denial was, in fact, racially motivated and therefore would be unlawful. Sams recourse would be to file a "charge of discrimination" with the Equal Employment Opportunity Commission (EEOC). The charge must be filed by mail or in person with a local EEOC office within 180 days from the date of the alleged violation.

The EEOC will investigate the complaint and if they determine a violation has occurred, they will issue a "right to sue" letter that basically says that they have found probable cause to believe that the employee has been discriminated against. The employee can then contact an employment law attorney about filing suit against the company if they do not address it and remedy the problem.








If I have answered your question, PLEASE CLICK THE GREEN "ACCEPT" button NOW, so that I receive credit for my work. Bonuses are optional and greatly appreciated. Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting/interpreting them, so the outcome may not be what you had hoped for.

Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.


If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.


Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Barrister and 2 other Legal Specialists are ready to help you

Related Legal Questions