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Category: Legal
Satisfied Customers: 17248
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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I have been working for a large company in the HR department for almost 4 years now as HR

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I have been working for a large company in the HR department for almost 4 years now as HR coordinator. I am always told I am doing a great job. But, they will never promote me or increase my salary. Other co-worker who were equaly or less qualified then me were promoted to a higher level position. They always give me the biggest load of work because supposly I am very thorough and very knowledge of the work; while others are pay more and do less. My manager recently made a comment where she said "all of you people" she was referring to something I had said. I am hispanic I have an accent. So, I had mentioned to her that I drinked my medication for my toothache and she said in front of someone else "all you people, hispanic people say the same thing I drink my pill instead of saying I took my pill." I felt embarrased and felt very offended for what she said. Please advise if there is something I can do about it?
Submitted: 7 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 7 years ago.
you may have a case of discrimination because of your national origin, what you need to do is document the remark made to you and send it to the head of HR or someone in a higher position than the manager, after that take note of the people hired and promoted at the company, and if their are few in no Hispanic females who were promoted or hired, consider an EEOC complaint, and then pursue a lawsuit.
Customer: replied 7 years ago.
Thank you for your answer, I greatly appreciated. In my company there is no one to really go to becase they back each other up. I work in the HR department and there is no superior they I can really talk to. They hire minority just so they don't look like they are discriminating and they promote some of the minority just to prove that they are not discriminating. But, those minority that they hire or promote has the most highest load of work then those that are not a minority. It feels like you either have to know someone top to be either hear or even so they can do anything about it.
Expert:  WALLSTREETFIGHTER replied 7 years ago.
you need to talk to these employees and see if they will help you with a possible class action lawsuit, if they will than you may have a very good class action lawsuit, and since you are in NYC, the top employment discrimination firms will guide your legal action, but before anything gather witnesses, and make an EEOC complaint for the statement and lack of promotion for yourself.

Edited by WALLSTREETLAW on 5/1/2010 at 1:13 AM EST
Customer: replied 7 years ago.
Can I get fire for doin this. Remember it is my own manager and director who has been discriminating against me and they are both very well like by the AVP of HR and the VP of HR. I am just a no one with no power.
Expert:  WALLSTREETFIGHTER replied 7 years ago.
No, you cannot get fired for making an EEOC complaint, as that would be a violation of Federal law against retaliation. In fact if they do demote or terminate you, than you would have a clear cut case, and significant damages.
Customer: replied 7 years ago.
I had transfer out of the department once before looking for a better opportunity within the same organization. I was not too comfortable with what I was learning there. It was not a career move for me. My director took me back to her department because she claimed I was one of her best HR coordinator but at the same time she said she can't consider me at anytime soon for a promotion because she felt I was not ready for that role. She had promoted people who were less qualify then me. Who only in the company for like two months. I don't understand why I was not ready to be in the position if I basically do a lot of what the recruiters do beside interviewing. I feel that I should be greatful because she took me back. But, a lot of people say to me at work that I shouldn't because they took me back because it was very convenient at the time. My department has the highest turnover many people leave and some come back like me. When I came back they were down on coordinator and who best then me who already knew the role and had trained other coordinator on the same role as me. Should I still do something about it or just let go. Right now they have me for the second year working on boarding 342 residents within a period of two months. I am very exhausted and I feel they like abuse of me for the same or less salary then other coordinator.
Expert:  WALLSTREETFIGHTER replied 7 years ago.
I would consider an EEOC complaint as it does protect you and since their is no one else to complain to it may be to your benefit. You do have decent evidence and they will investigate the claims made.
Customer: replied 7 years ago.
will they know who made the EEOC complaint? Can they make me quick or treat me bad to make me quick? Where do you make the EEOC complaint?
Expert:  WALLSTREETFIGHTER replied 7 years ago.
They will know but as I stated they cannot take any adverse action against you under federal law. You can find the local office here.
Customer: replied 7 years ago.
I am not going to feel good going into work after making a case against them. Plus they always been very flexible with me by allowing me to come in at 9:30 instead of 9:00 because of the kids. I always work excessive hours and I don't ask to be paid for it even when I am hourly so that also compensate that. I am so confuse I don't know what it is the right thing. I really need my job but I am tire of been discriminated against. Please advise.
Expert:  WALLSTREETFIGHTER replied 7 years ago.
I would than wait to file an EEOC complaint, but I would consider waiting until you finish your MBA program, and see if that gets you promoted, if not than file.

Edited by WALLSTREETLAW on 5/1/2010 at 2:33 AM EST
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