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I'm dealing with racism on my job. I'm a welder with 28yrs…

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I'm dealing with racism on...
I'm dealing with racism on my job. I'm a welder with 28yrs experience. I have been working here for 2yrs. They have hired 2 white guys with less experience and education than I. I actually talked to the owner (which who does the hiring), had he seen my application. He replied he had, it looked good. I then asked "when are you gonna put me on the payroll? He said "we'll get together someday." That was the end of October of 2016 (5 months ago). Since then he has hired the 2 guys I spoke of earlier. I need to speak with someone on this matter. Would someone from your office think about what I've explained here and lead me in the direction I should take.
Submitted: 1 year ago.Category: Legal
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3/21/2017
Lawyer: Loren, Attorney replied 1 year ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,278
Experience: 30 years experience representing clients.
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I am Loren, a licensed attorney, and my goal is to answer your question and provide you excellent service.

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Lawyer: Loren, Attorney replied 1 year ago

Do you believe you are no being hired due to your race?

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Lawyer: Loren, Attorney replied 1 year ago

You may have a claim for hostile work environment based upon racial discrimination. The minimum requirements to sustain the claim is called the "prima facie" case. Courts have come up with a four-part test that employees must meet to establish a prima facie case of discrimination under Title VII. If an employee can present evidence of each element, the employer will then have to present evidence that its decision was not discriminatory. If an employee can't make a prima facie case, the employer can ask the judge to dismiss the lawsuit.

The elements of a prima facie discrimination case are:

The employee is in a protected class (based on race, gender, and so on).
The employee was qualified for the position.
The employee was fired or subject to other disparate treatment.
An employee outside of the protected class was given preferential treatment.

Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.

To start the process, contact the EEOC at www.eeoc.gov for more information on filing a complaint. If you are still working there your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.

An attorney is not required, but it would be invaluable in this type of claim. It is not simple litigation and there is no reason you need to learn as you go. Additionally, if you prevail, you would be awarded your attorney fees and many attorneys who handle this type of claim, do so on a contingency fee basis. So, it should not cost you anything upfront.

If you need help finding local counsel, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

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Lawyer: Loren, Attorney replied 1 year ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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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.

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