Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

Im a Hispanic working on an all white team. My boss has made

I'm a Hispanic working on...
I'm a Hispanic working on an all white team. My boss has made comments to me as follows: 1- we are like a country club and if you don't belong to the club you don't succeed. 2- XY person (former employee) was only working here because she was a minority. 3- sometimes people wearing too much makeup are not able to succeed. 4- people who are not liked don't get promoted. 5-I'm not apt to speak to c-suite level employees within a particular client. 6- people are afraid of what I might say (note that my technical ability is excellent and never been questioned) in front of clients. Do these comments constitute discriminatory remarks?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 28 minutes by:
6/12/2013
Dimitry K., Esq.
Category: Employment Law
Satisfied Customers: 41,221
Experience: I provide employment and discrimination law advice in my own practice.
Verified

Thank you for your question. Please permit me to assist you directly with your concerns.

To answer directly, please allow me to go statement by statement and respond to your concerns.

1- we are like a country club and if you don't belong to the club you don't succeed.
Unless he is insinuating that you are not part of the club because you are not white,it is not discriminatory. Being part of a 'club' does not necessarily have a racist element, it may simply be a means of stating whether or not you are a member of the collective and the group or not, without it being related to you being Hispanic. Purely as a comment it does not inherently appear discriminatory.

2- XY person (former employee) was only working here because she was a minority.
That potentially is discriminatory. It may not be discriminatory to you, but this is a direct example of a potential hostile work environment.

3- sometimes people wearing too much makeup are not able to succeed.
Not discriminatory. Wearing makeup is not a protected factor, and the comment also happens to be true. Unless it was being said because you are a woman, it is tough to claim this has discriminatory intent.

4- people who are not liked don't get promoted.
Not discriminatory at all, and likewise true. Since employers have the right to promote as they see fit, they do tend to promote those they like personally over those that they do not get along with, and that is also not discriminatory.

5-I'm not apt to speak to c-suite level employees within a particular client.
That is a business decision. Without more facts it is hard to claim this is discriminatory-it may have been at the request of the client, for example.

6- people are afraid of what I might say (note that my technical ability is excellent and never been questioned) in front of clients.
Also not discriminatory. This is not based on your gender or race but arguably your professionalism. So that is not likely discriminatory.

Hope that helps.

Ask Your Own Employment Law Question
Customer reply replied 4 years ago

I reported the potential harrassment but they never asked me to put it in writing, why?

Thank you for your follow-up.

My suspicion is that they did not want to create a paper trail and wanted to smooth this out so as if it did not exist. But I am only guessing. You still have the right to contact the EEOC and file a grievance with them directly.

Good luck.

Ask Your Own Employment Law Question
Customer reply replied 4 years ago

The harrassing behaviour is still going on, should I go to HR again and have them put in writing or should I just go to EEOC?

Before you escalate it outside the company you have to show that you attempted to resolve it in 'good faith' within the company. As a consequence, and so as to have a better chance to prevail should you need to escalate, you have to give the company itself the opportunity to get this resolved and only if they fail contact the EEOC. It, likewise, allows you to create your own paper trail and strengthen your own position pertaining to your allegations about this behavior.

Good luck.

Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Thanks, XXXXX XXXXX should ask them to put the complaint in writing this time, right?

You are most welcome!

Correct, you need this in writing so as to create your own paper trail. Good luck!

Ask Your Own Employment Law Question
If satisfied, please do not forget to positively rate my answers to you or else I do not obtain credit for assisting you with your concerns. Thank you!

Sincerely,

Dimitry, Esq.
Dimitry K., Esq.
Category: Employment Law
Satisfied Customers: 41,221
Experience: I provide employment and discrimination law advice in my own practice.
Verified
Dimitry K., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

If I had an incident a couple of years go within the same company, I was working on a different department, where i complaint that my co0workers did not invite me to an event and kept me out of the loop, does that hurt my chances,? It was never reported to HR or anything.

Thank you for your follow-up.

That does not hurt anything but it also does not help anything. For EEOC purposes there is a 180 day statute of limitations--if an event takes place and HR does not resolve it, you have 180 days from the date of incident to report it. So if something occurred a few years ago, it is too far back at this time to really pursue in any meaningful way.

Good luck.

Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Ok but can they use it as character assassination, like I have a history of paranoia?

No, not really. It is really not related to this event, especially since each claim has to be independently evaluated and review. So even if you arguably cried wolf in the past (or so they claim), that does not mean that this was that time. That type of evidence is not really a claim because it does not validate either position, it simply shows that the initial complaint was never pursued.

Good luck.

Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Today, there was another incident where my boss was interrupting me on a client meeting and talking over me. I've been in the business13 years and handled those type of calls all the time as well as in-person meetings.


 


This is the type of harrassing behaviour, aside from referencing former minority employesss that I'm reffering to. My colleagues do not get treated this way.


 


I will go to HR tomorrow to report this incident and make certain I put it in writing. What I might do is send an -email to HR stating, I want to discuss an incident as a follow up to our discussion Monday about my complaint regarding Discrimination/Harrassment due to National Origin.


 


What do you think?

Thank you for your follow-up.

That makes sense, it creates a history that this isn't a first attempt to resolve and that you have attempted to get HR to assist you in the past.

Good luck.

Ask Your Own Employment Law Question
Customer reply replied 4 years ago

Then, you feel that the incident above merits me reporting it right?

To be honest I do not see a boss talking over an underling to be harassory. I do consider it rude and unprofessional, but there is nothing in your facts that makes it appear that it was done due to discrimination. When a person is rude or a jerk, that is not against the law.

Dimitry K., Esq.
Category: Employment Law
Satisfied Customers: 41,221
Experience: I provide employment and discrimination law advice in my own practice.
Verified
Dimitry K., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: I provide employment and discrimination law advice in my own practice.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

41,221 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I filed a discrimination compliant against my employer. The
I filed a discrimination compliant against my employer. The case is before Miami EEOC judge; since July. No hearing has been set up. How long does it take to get a hearing in Miami? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Employment discrimination. Work from home in NJ, office in
Employment discrimination JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Work from home in NJ, office in NYC JA: Is the employment agreement "at will," uni… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it a requirement in Florida to file a compliant with EEOC
Is it a requirement in Florida to file a compliant with EEOC first, before filing a lawsuit against a former employer for age discrimination?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I was accused of creating a hostile work environment. At
I was accused of creating a hostile work environment … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have been dealing with a hostile coworker in my workplace.
Hi, i have been dealing with a hostile coworker in my workplace. She works under my direction and supervision. She has a close relationship with my director. When she is asked to do something in workp… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,088 satisfied customers
Is is considered discrimination to state a person is hard to
Is is considered discrimination to state a person is hard to understand due to accent? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am preparing a rebuttal to a position statement in an Eeoc
I am preparing a rebuttal to a position statement in an Eeoc charge of discrimination and retaliation. I have so much detail facts documents. Is it better to use a “shot gun approach” or more focused … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,888 satisfied customers
EEOC complaint against an officer of the US Public Health
EEOC complaint against an officer of the US Public Health Service. I am not a federal employee, a civilian. Incident was less than 45 days. WDW … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
I've been falsely accused of creating a hostile work
I've been falsely accused of creating a hostile work environment and HR will not work with me towards resolution and they will not retract their accusation … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
Do not know if it is illegal. My manager shows hostility
Do not know if it is illegal. My manager shows hostility when things do not go his way. Incident happened twice once with a group of employee, second time with me. I asked a question; the question was… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
I have a question about a hostile workplace environment, no,
i have a question about a hostile workplace environment … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
I filed an EEOC charge against my employer, who is a
I filed an EEOC charge against my employer, who is a government agency, for sexual harassment and hostile work environment. The EEOC investigation is completed and I have been issued the "Right to Sue… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Do I need an attorney to file a claim for hostile work
Do I need an attorney to file a claim for hostile work environment? And, is filing the claim with the EEOC the first step to take before getting an atty … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
Isn't it true that if you are filing a discrimination
Isn't it true that if you are filing a discrimination lawsuit based on race, age, sexual orientation and gender, that you must first file it through the EEOC?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x