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Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 18372
Experience:  Licensed to practice before state and federal court
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I was actually going to call the local office in my region

Customer Question

Hi...I was actually going to call the local office in my region to see if I even have a "legit complaint" so....
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: the issue that I am having? with HR, yes Should i explain what is going on to you?
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: it is hourly and the job is union but they didnt hire me through the company so that I wouldn't be able to join the union or receive-the correct pay or benefits the union actually filed a grievance and are now waiting for their arbitration lawyers regarding that- I guess I was not supposed to be hired as an "agency employee" at all as my position is a union theyre fighting it... but me personally...I feel like I am being discriminated against because they only hire white receptionists...they tell us (black receptionists) that they do not have receptionists, only security guards..I have been here since March of 2017, the newer receptionist (who is white) was hired directly into Cassena Care as well as the white receptionist before her
JA: Anything else you want the lawyer to know before I connect you?
Customer: when I say hire, I mean..hired directly into Cassena Care instead of being an "agency employee" no..i think thats about it
Submitted: 6 months ago.
Category: Employment Law
Expert:  Legal Eagle replied 6 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Expert:  Legal Eagle replied 6 months ago.

This to me sounds like you would have a case of employment discrimination which is prohibited under state and federal law at 42 USC 2000e-2 which prohibits hiring decisions based solely or primarily on the color of someone's skin. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within usually 300 days. The Counselors must advise individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Expert:  Legal Eagle replied 6 months ago.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?