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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I am an African American woman - on April 7 my company let

Customer Question

I am an African American woman - on April 7 my company let me go with an 8 week severance saying they were eliminating our department. I had recently sent the SVP of our department a job position proposal for myself based on what I thought would be best for our office. He said he liked it and would get back to me about it at a later time. 3 weeks after letting me go, they hired a white woman for the position I proposed. A coworker sent me the email announcing the new employee and position. Is this discrimination?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

It could be. However, many times, employers can get away with this if they say they are "downsizing" Or eliminating a department. I suggest the only way to know for sure is to consider filing an EEOC complaint for race discrimination. See this LINK You can allow the EEOC to investigate this situation for you. If they find there is discrimination the following may happen:

They will offer mediation OR

They will bring the suit to court for you OR

They will issue you a Notice of Right to Sue

If they issue you a Notice of Right to Sue, then you would need to consult with a local civil rights attorney to take your case.

Expert:  Samuel II replied 1 year ago.

One of the most common excuses used to get rid of employees is job elimination or downsizing. However, that may just be an excuse for what is really discrimination. If the company is not really eliminating the job, just changing the title and putting someone else in your former position, you may have an discrimination claim.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Otherwise, a positive rating will ensure I get credit for my time and information.