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I am filing a eeoc complaint against my employer for

Customer Question
I am filing a...

I am filing a eeoc complaint against my employer for discrimination. I have talked with my supervisor but nothing was done about it. I have a gentleman at work that is always making fun of my race asking me questions that why I won't allow myself or my daughter to date there race. He will publicly call me my race and tell me I should go back where I came from. My supervisor knows all this and more but decided to transfer me to another job if not I will get fired for complaining. I have witnesses on how this group gets together and makes fun of me and my race. What can I do I have proof and reliable witnesses.

Lawyer's Assistant: Have you discussed the EEOC case with a manager or HR? Or with a lawyer?

Yes I told my supervisor and that's when she transferred me. But nobody else.

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

My employer gave us 3 months of free union representation.

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

I work for the post office usps

Submitted: 3 months ago.Category: Employment Law
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Answered in 7 hours by:
3/22/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,187
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. First, I am sorry you are dealing with this situation. Whenever you believe that you have been discriminated against on the basis of race, you have a potential claim under federal anti-discrimination laws. You may also have claims under state law. As you have already figured out, the EEOC handles complaints against employers (your state may also have a state agency that handles these complaints). As long as your employer has at least 15 employees, they must essentially provide a discrimination free workplace.

Based on your description of what is happening, you may have claims for hostile work environment and/or retaliation. To prove hostile work environment you must show that you were subject to unwanted conduct on the basis of, in this case, Your race, and that the conduct was so severe and pervasive that a reasonable person would have found the workplace intimidating or offensive. For retaliation, you would need to show that you reported harassment or discrimination to your employer and following that complaint you were subjected to what the law calls an "adverse employment action." Adverse employment actions include termination, demotion, denial of promotion, and can include being transferred to a less favorable position. To support any of these claims you will want to identify anyone who witnessed the behavior, any supervisors who participated or tolerated the behavior, and - to the best of your recollection - when, under what circumstances, how often, and as many specifics about particular incidents you can. If you have not started doing so yet, it may be advisable to start a sort of journal where you can note every time you experience this conduct, keeping notes as to the date, where it occurred, what was said or done and by whom, and who else was present. This can help you recall details and also help show that you are not simply remembering incorrectly because you took notes at the time it occurred. Given you work for the USPS, I believe they have a specific complaint process and you should just make sure you have filed any complaint with the right office or person so that you can say you have taken advantage of all ways to complain directly to your employer.

Again, I am really sorry you are dealing with this situation and I hope this helps. If you have further questions, please reply to this email. I will be away from my computer much of this morning but I will respond later today. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

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.

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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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