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i am a black woman working for the railroad. As a conductor…

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i am a black woman...
i am a black woman working for the railroad. As a conductor I am also involved in flagging, protecting construction workers on the tracks. I work amongst white males who are clickish and cuss all the time. I don't associate in this type of conduct. Incidents have occurred while working while flagging, no more than other workers yet I have been singled out. Also negative rumors were started. I basically shook this behavior off because all I wanted to do was perform my duties and go home. These events occurred within two days. The dispatcher called me about my job for the next day and informed me that I no longer had to flag. I was happy. She then told me the next day that since I was not flagging I could no longer stay in the position slated for my job. I asked her what she was talking about. Who told her this information. She mentioned two union men, who never called me.
Submitted: 8 years ago.Category: Employment Law
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6/16/2010
Employment Lawyer: TJ, Esq., Attorney replied 8 years ago
TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12,805
Experience: JD, MBA
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Hello and thank you for allowing me the opportunity to assist you.

As you know, it is illegal to discriminate based upon your race or your gender. If you believe that you were reassigned because of those qualities, and your employer is not willing to do anything about it, then you can file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for investigating illegal discrimination in the workplace. Once the EEOC investigates, it could agree that illegal discrimination took place, and attempt to work out a settlement with your employer. If the EEOC cannot work out a settlement, or if the EEOC does not find that there was illegal discrimination, then you can request a right to sue letter, which then gives you the right to sue your employer for violating the law. You can read about how to file a charge with the EEOC HERE.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.



Edited by TJG, Esq. on 6/16/2010 at 2:26 AM EST
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