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I need a lawyer that can help me with job discrimination My…

I need a lawyer...

I need a lawyer that can help me with job discrimination My wife is considering resigning but want to make sure she is getting the justice she deserves in this matter

Lawyer's Assistant: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?

Yes they rules in her favor yesterday, but gave her the option to transfer to another position which I find as retaliation for reporting the incident ..Theres also no clarity on what happens with employee causing the harassment

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

She does not belong to a union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Considered going to EEO but their wait time for assistance will take months

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Customer reply replied 5 months ago
She’s considered resigning but won’t be eligible for unemployment if she leaves not sure the best approach to take
Customer reply replied 5 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 5 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 5 months ago
Unity Health Care Harassment / Discrimination
Start Date: 07/17/2017My name is***** feel like I’m being discriminated2 and bullied against in my work place with team lead and manager. I believe this may be due to my race and ethnicity. I am expecting a child and because of this its effecting my well being and health. I have gone to HR to submit a statement. I was placed on unpaid administrative leave till investigation concludes. I feel the investigation may be biased due to HR employee relationship with team lead. I asked to be moved to another location but they said this was only course of action. I am seeking counsel concerning this matter and getting justice. I have tried to speak with manager early on but she is rarely there she is also good friends with team lead. HR office is separate from my building so I don’t have time to make it there to speak with someone prior to closing.Below here are original accounts of issues with management:.Early Aug 2017
I wore appropriate clothing slack to be specific and team lead mentioned they were to tight and need to change them. I felt as though I was being singled out because other women wore clothes that aren’t business appropriate..End of Sep 2017
I was told on many occasions that I cannot speak Spanish with co workers even though I was hired as a billingual patient scheduler I expressed verbally that “this was not right” as others who felt dissatisfaction did not speak up. from there I felt I started to be retaliated against. The next week the team lead changed my seat. I did as she said without any complaints.. Mid Oct 2017
A meeting was held with staff, management team lead. Normally meeting are recorded but this one wasn’t. In the meeting the discussed that we couldn’t speak Spanish in the workplace. I spoke during the meeting to management that this wasn’t right and was told this is the rule. I was the told that I would have to start working a late shift on Mondays and Tuesdays based on a rotating schedule..End of Nov
Find out I was pregnant notified team lead and manager. I was told for prenatal appointments I needed to use leave. I clarified multiple times if this was true. I later found after using all of leave the information provided was innaccurate.DEC,JAN,FEB
-At this time I was wondering when they would rotate shift but never did
-My seat was changed again for no apparent reason
-Ongoing issues with when sneezing the team lead ,manager and assistant manager will start spraying extremely large amounts of spray close to you..This happens only were the hispanic bilingual specialist sit
-Other Spanish women are unhappy about management but don’t speak up in fear of losing job. Majority of the women who left so far since starting were HispanicMarch 7
Team lead asked if husband was African American Replied yes and she said( Good that baby is gonna be darks skin and beautiful like me and looked at me funny)
March 12
-Today I found a leave form on my desk from team lead. I went to her to clarify why I received this. She stated I would have to sign form because of call out that took place the day of March 2. On this day my job was closed anyway due to weather. I said to myself what the heck and she got in my face and said what did you say to me. I immidietiely felt threatened. I then left and went to HR.
Answered in 13 minutes by:
3/16/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,420
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am reviewing your question and information you provided and should have a response to you shortly.

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Customer reply replied 5 months ago
Thank you!
Customer reply replied 5 months ago
Hi Wendy,I clairified with my woe that she said to he compliance under extreme emotion that “she didn’t want to be there” not meaning she wanted to transfer...Unfortunately her position is only located at her current location we’re the team lead is..there trying to get my wife to move to another building and position that’s less favorable
Customer reply replied 5 months ago
wife

From a review of your summary of events, there is a potential issue regarding harassment and hostile work environment. To show harassment. Harassment is defined as unwelcome conduct that is based on a certain classification (e.g., age, race, gender, national origin). It becomes unlawful when you are forced to endure the conduct to continue your employment and where the conduct is severe or pervasive that a reasonable person would consider it intimidating, hostile or abusive. This type of hostile work environment claims sounds like what you were reporting. Based on the above, there does seem to be evidence of targeting due to race or national origin. A few things to consider when making your decision how to proceed at this point:

You mentioned that they ruled in your favor - I assume you mean your employer agreed with your claim and in response offered to transfer you. If you are being offered a transfer but the harasser is being permitted to stay in her position, that would appear - if the employer did decide the other person committed harassment - a bad decision on their part. Whether is is actually unlawful is less easy to answer; but if the position you are being offered is a lower position, has lower wages or is not the work you were hired to do, that can be a problem. If the new position would essentially be less prestigious or a demotion, then that could give rise to a retaliation claim. I just saw your additional information about the transfer position and that certainly seems like it could be characterized as a demotion and thus an adverse employment action that may support a claim for retaliation. A related issue I see is that the person in HR involved in this matter is friends with the person accused of the conduct. That can muddy any investigation; if there is someone above the HR person in the business chain of command to whom your wife could go to discuss this matter who may be more objective, that is another option.

You are also correct that you could be denied unemployment if someone resigns. That said, if the work environment is so bad that your wife simply cannot continue to go to work (particularly while pregnant where stress and emotional distress could have additional health consequences), it could be termed a "constructive discharge," meaning that though she technically resigned and was not told she was fired, the conditions at her place of employment essentially forced her to have not choice but to quit. This may or may not be provable but it would provide a potential additional legal claim and also a claim to unemployment benefits - in essence, the unemployment benefits application would state she was constructively discharged and would provide some facts about the situation. There is no guarantee she will get benefits, but that can at times come into consideration.

In terms of the EEOC, the most important thing to know is that it is required that you file with your state human affairs commission or the EEOC (with most state filings they will co-file, meaning send it on to, the EEOC) before you could file a lawsuit against the employer. Thus, if you think this will give rise ultimately to legal action, filing with the EEOC is a consideration. The average EEOC investigation timeline varies, but it can take many months. If it takes longer than 180 days you can ask for what is called a Right To Sue Letter and then file in court or you can wait for the investigation is concluded in hopes they find merit in your claims which would be helpful going forward.

I hope this is helpful and I am sorry you are both dealing with this situation. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate a 5 star rating at this point.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,420
Experience: Member at Keefer & Keefer LLC
Verified
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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).

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