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I am a minority female who works for a white male. Despite…

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I am a minority female...
I am a minority female who works for a white male. Despite all of my hardwork and contributions, he keeps giving me last-minute and unjustified low ratings (e.g., "meets" at mid-year and then "low" at year-end). This is the second year he has given me a surprise and unjustified rating. When I questioned the first time, he said it was because I was out on my doctor's visits (which I thought is against ADA). The second year, again, he could not give me any concrete examples to back-up the low rating. Meanwhile, my non-minority peer who hardly does anything all day and is always on personal calls, gets a meets rating. I really feel that my manager is being harder on me because of my race. I have to perform a miracle to get a meets rating, and by committing one mistake I'll be out the door. Meanwhile, my male and white female peers have it easy. I also have other minority colleagues who experienced the same thing. Is there a discrimination case here?
Submitted: 8 years ago.Category: Employment Law
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6/15/2010
Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
MDLaw
MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,138
Experience: Experienced attorney representing companies and individuals in employment law matters and litigation
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What evidence do you have of discrimination?
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Customer reply replied 8 years ago
Evidence: I keep getting consistent low unjustified ratings despite all of my hardwork and contributions, which I can support with concrete evidence. Meanwhile, a non-minority peer who is widely known to be hardly working (and I sit next to her) is provided a higher rating. (I have access to ratings, so I know).

Evidence: Another minority colleague told me that the same manager changed her rating (to low) at the last minute. The same thing happened to me the first time he rated me low. The rating changed within 3 weeks without any justification. The second time around, he didn't communicate the rating to me until the 11th hour -- 2 days before increases were paid out (and I didn't receive any increase). I don't ever hear this happening to my non-minority colleagues.

Evidence: When my manager's colleagues from overseas come to visit, my manager invites only my non-minority peer to join them for dinner. My other minority colleague expressed to me that we're not invited because we're female and minority. So, she feels the bias too even though she's worked with my manager longer and rated better.


Does this help?
Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
What is the concrete evidence that you speak of? That will determine whether or not you have a viable discrimination case. Being a minority alone is not sufficient to bring a discrimination case. There must be evidence to support it. Getting low ratings is not enough since that could be a performance issue. However, if it is true that your employer invites others to work functions and those others are on the same job level as you and all of those are Caucasian, then that would be a bit stronger in terms of evidence.

You would need to first make a report to HR and give them notice that you believe you are being treated differently because of your race and give them time to cure. If they do not and you continue to feel discriminated against, you can then file a discrimination complaint with the EEOC (www.eeoc.gov)

Please remember to hit the ACCEPT button as that is the only way that we experts get compensated for the time it takes to research and respond to your questions.
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Customer reply replied 8 years ago
The problem is that it is not a performance issue. I have concrete examples meaning, actual reports, analyses and presentations that I completed and received accolades on (email evidence) that I have printed out and compiled in a book. When I presented this to my manager and the HR person, they didn't bother to look at it. I think my manager gives me unjustified ratings to get rid of me. Why does he want to get rid of me? Because I spoke up about a caucasian employee who wasn't being a team player.
Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
It is perfectly legal for an employer to force an employee out. They are free to terminate any employee they want so long as it is not based on discrimination. That is why I spelled out the law the way that I did in my previous answer. Not bothering to look at your reports will not help your discrimination claim. The facts you told me that I cited in my previous answer are the ones that will help.

Please remember to hit the ACCEPT button since that is the only way that we get compensated for our time and expertise and please let me know if you need any further clarification.
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Customer reply replied 8 years ago
So, you're saying that even though he's treating me unfairly and differently from my peers (who are non-minority), it's still not discrimination? I am graded harder, not invited to functions that only involve my caucasian peers, not provided any opportunity for growth same as my peers, etc. Sorry. I"ll accept after this. I just want to make sure I'm getting what you're saying.
Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
Treating you unfairly as you have defined it is not discrimination. The facts that you told me that I told you ARE possibly discriminatory are the facts that will help you (i.e. the work functions that you are not invited to, assuming you have the same job function as the non-minority employees that are invited). Unfairness is not against the law. Discrimination is.

Please see my original answers that explained what you need to do when you believe you are being discriminated against.
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