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I believe I have been the victim of being bullied and

Customer Question
I believe I have...

I believe I have been the victim of being bullied and discriminated against by my immediate supervisor for over 15 years. What recourse is available to me in the State of Florida.

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

Yes with HR, with management as high as the CEO and as well as the Corporate Compliance. I now am seeing a Therapist because of nothing being resolved for me. No communication is ever given to me about helping me. Mostly just retaliatory albeit very subtle from parties involved. I am at a breaking point of mental anxiety not to mention health from stress upon stress upon stress.

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

At will which is something I just learned which will basically do nothing for the employee (I think). No Union'

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

I am a 64 yr old white woman, no certificates of education and no professional degrees. My supervisor is a black woman. I hear a lot of women standing up against abuses and atrocities. I hear blacks getting legal assistance for everything. White lives matter, too.

Submitted: 2 months ago.Category: Employment Law
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Answered in 3 minutes by:
5/26/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,895
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Do you have any evidence that this is being done only because of your age/sex/disability/national origin/race? I know you said she is black, but for a reverse discrimination claim you need much more evidence than just that according to the law and courts.

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Customer reply replied 2 months ago
Only proof that she has elevated the black employees to ensure they are properly trained and then have a secure favored position and hours. She always had the black women "planted" before anyone would apply or show interest. She is very good and manipulating the system and snake-talking her way into and out of things she does or gets called out on. She is the pastor of a church and people think she can do no wrong. Oh contrare!
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply.

Reverse discrimination cases are very difficult to prove and win. If you can show through your circumstantial evidence that she treats white employees different, it is possible to have a claim against her, but you will need to present the evidence to the EEOC and they have to investigate and issue you a right to sue letter.

Aside from reverse discrimination or perhaps discrimination based on your age/sex/disability/national origin, the US Supreme Court holds that ordinary bullying or having a jerk for a boss is not legally actionable because the laws do not create a code of civility in the workplace. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).

So, it depends on the strength of the evidence and the number of times she has favored black employees and not promoted white employees as to whether or not the EEOC can say that there is sufficient evidence to take this to court on a reverse discrimination claim and if they do decide you have enough, they will issue you a right to sue letter with a probable cause finding and you would need a local attorney to file your suit.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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