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Is it possible to prove “reverse” discrimination? All labs…

Is it possible to...

Is it possible to prove “reverse” discrimination? All labs in Southern CA are predominantly Philipino. I am being targeted by a band of 3. I’m Caucasian.

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

They took me to HR for an “offensive” email. No lawyer.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

CA at will. Hourly.

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

Long history of this group targeting me for years. This is just the latest. Management is terrified of them claiming discrimination and no one is held accountable. I’m unable to find new employment due to age 60.

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Answered in 7 minutes by:
3/26/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,626
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

Yes, it is possible but there are challenges before federal courts. In all discrimination claims, you'd have to show differing treatment or adverse actions against you, and you'd have to allege that you believed it to be based on a protected category (race). In some instances though, before federal courts, you'd have to show some background history that would suggest that the company in question differs from most, in that it would discriminate in favor of a traditional minority. In your situation, because the employees are predominantly minorities, they essentially become the majority for that location and the claim can go forward.

You would need to file a complaint with the EEOC in your state, alleging discrimination....don't even call it reverse discrimination. It is just discrimination based on race. The EEOC can investigate the matter and preserve your right to sue. Be sure to include all events of discrimination, up to the most recent, because they can reach back farther due to the continuing acts of discrimination.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 4 months ago
Ugh it all sounds exhausting. These people have worn me out trying to stay out of their line of fire. Hadn’t thought of the EEOC before so thanks for that new direction. I’m currently pursuing disability and will probably focus my very limited energy on that.

I can certainly understand wanting to focus on disability.

I will just say that you only have a limited period of time to file with the EEOC. It is not very complicated, but the entire process can be exhausting.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,626
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 4 months ago
OK I will at least investigate the EEOC route. Thanks for your time.
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