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i work for a company where after layoffs im the only african

Customer Question
american that work in this...
i work for a company where after layoffs im the only african american that work in this paticular department i work with white,latin but mostly asian and for the past two months after a person got laidoff he told one of the asian co-supervisors that i was on ncocaine and since then ive been the subject of numerous people looking up my nose ,putting items in my work area as to collect cocaine or something i was told i was going to get fired because im on someones shit list i havent been drug tested but if i was i am 1000 percent to pass the test the other night a white employee came up to talk to me pulled out a plastic bag in one hand cell phone in one trying to collect evidence i guess im being harassed with this every night i go to work is it anything i can do to stopm this
Submitted: 5 years ago.Category: Business Law
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6/1/2012
Business Lawyer: P. Simmons, Attorney replied 5 years ago
P. Simmons
P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 35,236
Experience: 12+ yrs. of legal experience.
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Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I am sorry for this dilemma.

It is illegal to discriminate based on race. It is not illegal to discriminate based on suspected drug use.

So if they are targeting you based on your race? That would be an example of illegal employment discrimination...and you could file a complaint with the EEOC (equal employment opportunity commission) to stop the discrimination.

But if they are doing this because they think you are doing drugs, even if they are wrong, and not based on your race? That is not against the law.

What you describe is some evidence. The fact you are the only african american at the company is some evidence.

But understand what your embarking on if you step into this.

The defense may be that "they suspect you of drug use...that you are not performing well on the job".

If you launch into this, the employer can defend by showing (or trying to show) your faults. Not fun.
Still, if you want to win, that is "part of the game".

And if you do file a claim, your able to go through the "discovery process" so you can get access to employer information (like emails, records, etc) that may give you more evidence

That would be the key here...if after you file the complaint, you get more evidence via emails and documents...that is how these cases are won.

You can start the complaint process here

http://www.eeoc.gov/employees/charge.cfm

Let me know if you have more questions, happy to help if I can
P. Simmons
P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 35,236
Experience: 12+ yrs. of legal experience.
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Customer reply replied 5 years ago
i dont have any negative info in my permanent file my evaluation for the year is coming up in a few weeks also this cosupervisor has tried to get me in trouble by sabotaging my machines he and the other supervisor are supposed to help when you have problems they run when other coworkers have problems with me they wait until the last minute or not at all to help as to cut down on my production
Business Lawyer: P. Simmons, Attorney replied 5 years ago
Thank you

Again, the issue will be the employers motivation for their actions.

If you can show it is based on your race, that would be a violation of the law.

But if this is not race based, they can discriminate based on suspicion of drug use.

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