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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19178
Experience:  Employment/Labor Law Litigation
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I have had several acts of discrimination over the last

Customer Question

I have had several acts of discrimination over the last year: 1) I have a documented disability and have asked for "reasonable accommodations" which was to be able to work from work on occasion that I was in too much pain to make it into work and come into work on off shift or weekend to makeup time out instead of day being counted against me (this is only if needed as a backup) but my Director refused yet he "accommodated" several other employee without health issues but who are all black. My Director is black and I am white. 2) My Director gave me a second job responsibilities on top of the job responsibilities I already had, I expressed at the time that one person could not do what I was being held accountable for but he didn't care. I was set up to fail. I was given a bad overall yearly review because I couldn't accomplish everything my Director said I was to accomplish. My responsibilities changed 3 times and I held accountable for things I was not aware that I was supposed to even be doing. Those were not on my Mid year review but we're on my year end review. 3) this Director has systematically gotten rid of every non black person in a management position and promoted his friends multiple times. 4) I have worked at the hospital for 26 years and never had even a bad review on a portion of the review much less an overall bad review until now. 5) my director forced me to move from the office I had for 7 1/2 years to a much smaller office, that I couldn't control temperature, lights, or noise. All of which makes my autoimmune problems worse. 6) while in my old office for those 7 1/2 years I repeatly asked to have the office painted and he always refused but after forcing me to leave that office and giving it to a black employee he just hired, he not only painted the room he got new furniture. 7) he claimed I was not a "team player" and I have a "bad attitude" but the only thing that has changed with me is I had emergency surgery and I have been in a lot of pain. I tried to explain my health issues to my director and everyone else on my "team" because I was tired of them judging me and assuming things about me. But of course my director told me that was inappropriate. Everything I say and do is turned around and made to seem negative. I have emailed all of the other team members time and time again and I never get any responses but my director says I'm the one who isn't a team player. I am the only non black manager in the department and I am the only manager with a disability. The bad yearly review my director unjustly gave me has made it impossible for me to get a job anywhere else in the healthcare system. It has also do NOT receive a yearly pay increase yet I'm doing 2 jobs that 2 different people used to get paid 2 salaries for! I stay so stressed out that I have missed a lot of work and do not have any time available so every time I am out Duke takes money away from my pay the next month. I cannot continue to live this way and I am a single parent with 2 sons in college. I need my health insurance so I can't quit. I feel that I have been discriminated because of my autoimmune disease and my director has made my environment so that it actually contributes to the problem and then I'm held accountable. I am also discriminated because of my race and there has been 3 other non black management personnel who have gone threw similar circumstances. Can you help me!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Unfortunately, your recourse is through the EEOC or the state level agency. Until you have gone through one of those entities, there is no way to sue or use any other method of litigation. You should next look into contacting the North Carolina Human Rights Commission. Often the state level of the agencies is less busy and more responsive to employee complaints than is the federal level.

Regardless, there is simply no other means of seeking justice in these situations. You have to obtain a right to sue letter from one of the two entities before you can use any other forum.

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