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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38906
Experience:  Retired (mostly)
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Pasted below is an e-mail I sent my employer, and the employers

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Pasted below is an e-mail I sent my employer, and the employer's reply. Would you please tell me if the employer's reply is correct and why. What could I reply to their statement against continual the double standard between some "favorite employees" and me? I already filed a complaint against them for discrimination and retaliation with the Department of Fair Housing and Labor last year and told them about it.

"Dear X,

If I am understanding your e-mail correctly "Y" got a gentle slap on the wrist. I remember you taking three shifts away from me after receiving a customer complaint (which was not genuine), for not having been able to give a booth to that very rude guest. All I see here is another blatant double standard. I will keep this communication for future reference.


"Hi ....,
The meeting held with "y" is confidential. It is at the employer's discretion to determine the appropriate action to take. The purpose of my response was to acknowledge your message and brining it to my attention. It was meant as a courtesy to inform you that the matter was addressed and dealt with appropriately. I'am sorry you felt differently."

The employer's comments, in my opinion, are meaningless drivel intended to avoid any possible discussion of the issues involved.

You apparently believe that the employer's conduct towards you as opposed to the conduct with the other employee is discriminatory in nature. Bringing this to the employer's attention in a manner that does not flatly request an investigation and explanation of the difference in treatment is probably a waste of your time.

If you believe that an incident represents actionable discrimination, then describe the incident to the employer and ask for an explanation as to why it's not unlawful discrimination. If the employer refuses to address the issue, then file another DFEH complaint.


Just be sure that what you have is in fact actionable discrimination, and be prepared to be fired, because most employer's knee jerk reaction to this sort of thing is to terminate the employee and then deal with the collateral damage later if it arises.

Hope this helps.

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