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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I work for a security company where all the previous leadership

Customer Question

I work for a security company where all the previous leadership were Caucasian, I am the only person who is African American in this position and now the company is becoming exceedingly hostile towards me and nit picking because I believe because I am African American and because I am very active in the Union at the workplace, I am currently in the process of joining my unions Executive board. My question do you think I have a viable discrimination claim/case based upon race or retaliation for being a union rep.

Thank You
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

If you have evidence that similarly situated employees who are not African American or union members are being treated more favorably, that evidence would typically support a claim of discrimination for which you should file a grievance with the company.

If the matter is not promptly resolved, then your next step would normally involve filing a complaint with the state fair employment and housing commission and retaining a local employment law attorney to represent you in these matters.

A suit is often not necessary, especially where the employee has not been terminated.

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Customer: replied 5 years ago.
I'm sorry before I click that accept button I want a little more clarification.

What types of things in your judgement would show clear and concise favoritism that would be justified to definitely show discrimination. Could I in addition go to the NRLB and if I were to escalate it to a state employment board what would be their course of action. I am currently suspended from work until I discuss with the Branch Manager an incident of being one minute late, not even technically being late. I have not been terminated but my wages are being diminished because I refuse to discuss any part of the incident until I receive union representation per my weingarten rights. Answer me that and I gurantee you an accept answer and a generous tip.
Expert:  Tina replied 5 years ago.
There are many ways to prove such a case and the evidence varies substantially from case to case, but ultimately you must show that there are similarly situated employees who also engaged in the same conduct you did, but were not a member of a protected group, and did not suffer repercussions for their behavior. If others were late like you and not suspended, terminated, or even disciplined, that evidence is typically persuasive circumstantial evidence.

Neither of your claims would normally be heard by the NLRB, so that would not be the appropriate forum for your claims to be filed.

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