Racial Discrimination Questions
I have been accused or racial discrimination by a co-worker. This comes from a disagreement I had with the person who gives her a ride back and forth to work. The coworker is the only African American on our shift so she is playing the racial card to help out her friend. What can I do?While your employer has taken the side of the person who has made the complaint, it has opened itself to a potential racial discrimination claim from you.
You have a few options in this situation. If you are disciplined or terminated without an investigation, you might have a discrimination claim. In the event that the employer shows favoritism toward your accuser by treating you different than they do the accuser, believing the accusers story without hearing your account, it is possible that you may have a legal action for racial discrimination. You don't have to be a member of a racial minority in order to have a claim of racial discrimination against your employer.
If the other employee is making untrue accusations against you, you may have a defamation claim against them. However, proving the Defamation claim is extremely hard to prove, due to it becoming a he said she said war of words. However, that doesn't mean that it is impossible to win a Defamation claim.
You shouldn't sign a document that has the other person's accusation or their version of the situation on it. This could appear that you are offering an admission. A better way to handle this is to write your own version of the situation and submit it using the company procedure. You should keep a copy of the memo for your own records and keep it somewhere other than the workplace.
If you are disciplined or terminated without your side of the story is being heard, or because you refuse to sign a false statement against you, you need to take the report and the copy of your memo to an attorney for a consultation.
I saw a picture showing racial discrimination in the business world and I feel very offended by that magazine. Can I sue that magazine for damages?The magazine is protected by the First Amendment and has the ability to publish whatever it wants without the worry of civil or criminal action being taken against it. Of course, you file a suit against the magazine, but the chance that it would be dismissed is great. Showing an act of discrimination is not unlawful. There are some private publications that promote racial discrimination without fear of prosecution.
When a person doesn't agree with the content of a magazine, there are no right's that allow them to stop the publication of the offensive material. This is the purpose of "freedom of speech" provision in the constitution. This also applies to the government's control over the press. In order to have a libel action against the magazine, you would have to prove that the magazine used the pictures in a way that targeted you.
Can an Employer fire you a day after you reported racial discrimination and was on the 2nd day of Family Medical Leave Act (FMLA)? Do I have any legal recourse? If so, what?It appears that you would have several causes of action. To begin with, you should file a complaint for age and racial discrimination immediately. www.eeoc.gov
You will also need to file a suit in Federal Court against the employer for being in violation of FMLA. The violation occurred when the employer terminated you because the employer has to keep your position or a comparable position for you while you are on leave. The employer is prohibited from firing you for taking leave.
You will need an attorney who is experienced in employment law to represent you. The Equal Employment Opportunity Commission (EEOC) has referrals and you can also find an attorney by contacting your state or local bar association. Try to find an attorney who will take contingency fee cases.
Even with all of the laws and acts in place, racial discrimination still occurs. If you are a victim of racial discrimination or you just have questions or concerns about racial discrimination, you should ask an Expert. An Expert can offer solutions to your individual situation.