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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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My employer placed a picture of a young, black woman next to

Customer Question

My employer placed a picture of a young, black woman next to my name on the time clock which everybody sees and nobody else has a picture of anybody next to theirs. I am an older, white male. I believe this was retaliation for being vocal about them selling used mattresses as new since it occurred within weeks of that event. After repeated requests, to no avail, to have it removed I started screen shotting it with my phone (Since Oct 14). As time passed I just endured the jokes and tried to do my job as best I could but my sales numbers did drop as it increasingly bothered me. As the new year roled around, I began to notice that some of my sales were being altered, affecting my commissions. The last time requiring extensive debate, which was finally corrected on 5/9/15 Saturday when I told them I was going to contact an attorney if it wasn't fixed. Following my days off Sunday and Monday I was fired Tuesday 5/12/15. Since these types of harassment hadn't existed with others I feel that they were intentionally designed to create a hostile work environment so I would quit.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 2 years ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.
Based on what you have shared with me, I think you have a good discrimination claim against your now former employer. Employers cannot discriminate against employees based on their age (if over 40), race, gender or religion. If there is discrimination, then the proper avenue to address this issue is through the Equal Employment Opportunity Commission (EEOC).
You should file a claim with the EEOC if you feel like your were discriminated against. The EEOC will investigate the matter and if they find merit, they will issue a right to sue letter. You may then sue for damages in federal court for hostile work environment and unlawful termination in view of the discrimination.
In short, you have a pretty good case here it would appear.
Let me know if you have any other questions or comments.
Please also rate my answer positively if you have been assisted.
Thanks and Best Wishes!
Expert:  Delta-Lawyer replied 2 years ago.
Let me know if you have any additional questions. I want you to be as comfortable as possible moving forward. Thanks!

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