What's Required to Prove Discrimination in the Workplace?
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- เผยแพร่เมื่อ 24 ส.ค. 2017
- Piccolo Law Offices; piccololawoffices.com
Proving an employment discrimination case can be difficult. Learn what evidence and steps are required to prove your case.
1. protected class. 2. qualified. 3. adverse action against you. 4. others favorable.
There shouldn't be any protected classes.
@@derp8575 why not bozo
@@OlatCo Because it means there are unprotected groups of people, ree-ree. If you look through a list of protected classes and don't see your demographic, what does that tell you? It means you are not protected. Nazis were a protected class.
@@derp8575 racist
@@derp8575 L take 🤡🤡🤡🤡
In my workplace, I do all the jobs that nobody else like to do like repairing and working with dirty stuff. I help everybody and in the last 7 years of my employment, I tried to be friend with everyone. But our manager never let me to emprove or get promoted. He is very nice with other technicians but not me and my friend. Even though after 7 years I have proven that I am talented, he lets the new comers to learn and emprove. Anyway I have to support my family so whatever. I will stay nice so the situation doesn't get worse.
which country is your " workplace " ?
My GM replaced me because of my mental health he said while I was waiting on a covid test. He also showed favoritism to a new employee he hired. I was cut out of the kitchen and hours cut. Forced me to quit.
I was fired today after only training for three days with them. They told me that I’m “not advancing fast enough” even though I literally just started. Any time I made a mistake, they gave me attitude but when someone else made a mistake, the manager said nothing. I was the only person of color working for them and I have ADHD, so I feel like them saying I’m “not working fast enough” is a cover up.
same..
Was laid off from my job yesterday. Staff at my former workplace has always been female for 18 years. Not once was a male hired throughout the 18 years until I came along in March of ‘18.
Since day one, my supervisor made it a point to harass me on a daily basis. She was not accepting of me from day one. I complained to the owner and made sure to abe be pleasant, professional and polite to everyone I was surrounded with while at work, including the supervisor bully.
I confronted the supervisor about her behavior and unjust accusations which in most cases were her errors but used me as a scapegoat.
The owner used a pretext to let me go, I remained calm throughout the unfair position she put me in.
Idk what to do at this point. If anyone has any advice for me please let me know. 🙏 Thank you!
You might contact an attorney licensed in your state. You can also file a complaint with the EEOC or state agency where you live that addresses employment discrimination.
Piccolo Law Offices Thank you for your immediate reply back and excellent direction!
Yep there sexism at your work sadly there women doing it to men like you
Do you have to file a complaint with human resources or management? There is fear of retaliation if you do so so many people would choose just keep quiet to try to keep their job as long as possible.
I find this post very helpful; well done!!
You do not have to be fired to have a discrimination case against your employer.
Yeah but it seems for lawyers it is easier to prove, based on my inquiry, if you were fired as opposed to resigning.
Very informative! Thank you.
This is a really good video. Great job on your part.
My boss threatened to slap me across the room and at another time threatened to wrap a pipe around my head. Both cases were in front of other employees who joined in and laughed at the treatment I was receiving. One of them is another boss. I honestly don't believe they would ever follow through with the threats but it is humiliating, intimidating and makes me feel like I'm less than a human. What does a person do in this type of case except quit their job. It's wrong for them to get away with this. It has affected my health adversely and every other aspect of my life in a negative way. I reported it to my doctor and he has had to put me on nerve pills and blood pressure medicine. He also referred me to a counselor. He said he wanted to help me more but didn't know what he could do. My bosses ask me what my doctor and I discuss about my health. If I don't tell I'm treated even worse so now I have to lie. I am a single older woman who is alone and I depend on my pay heavily to keep myself in a safe living environment. There's some kind of bullying that goes on every day. What rights do I have?
possible gender discrimination suit or a hostile workplace suit, both employment law. Or a lawsuit for stress under workers' compensation law.
Thank you very helpful.
My manager has been more favorable towards one race , he would talk in a very unprofessional way, and hang out sit next to those people. But give more work to the other race. The other workers are at the same level of work as i am but they got to get away with a lot. Now he promoted two people but did not let it be known to others that the positions was any and there was also other candidates who deserve the position more. Hr was called on him but they said thy reach out to the people i name to only find out they didn i was pregnant at the time and he had me lift boxes as well as more work load. He then retaliated and called hr on me lying . But the hr dept didnt do anything. I gave up calling them and reporting him.
That happens here in Canada unfortunately
This is also occurring at the job site. "Preference" is shown toward one race more than others. How was your problem ultimately addressed? Congrats on your baby and what they did to your during your pregnancy was a big "no-no." I hope that you prevailed.
@@septiawoman2911 hr favour employer side unfortunately
I suffered through many years of discrimination at my workplace. I was laid off when there were white people who should have been let go if my manager were color blind. Certain plum assignments always used to go to white people. Awards and recognitions and promotions mostly used to go to white people. I always got the short end of the stick. It is tough to prove discrimination.
Your manager needs to present his case. Otherwise your claim is neutral. Maybe it was, maybe it wasn't. Employers should have the freedom to chose based on personal preference. It's illogical to fire overachievers and promote underachievers. In that case we can assume that sometimes people are fired because they couldn't or wouldn't meet performance expectations. Surely your coworkers would have documents of their contributions made to their employer. Meritocracy should be our objective. If one demographic happens to have overrepresentation, so be it. The NBA is 80% black, and I'm happy for them. Turns out hiring the best candidates can really draw a crowd and bring mega profits. Or maybe we should cry racist anytime a white man is let go from a black owned business, and demand racial quotas. The late Herman Cain was a black man and CEO of Godfather's Pizza. Imagine the number of white people he laid off. Should we make the NBA more diverse?
@@derp8575What if your performance review was rated low based on yearly goals but your white Co workers received a better rating and he had the same goal? One has a valid reason to get fired since it's a few performance reviews with the same pattern.
My employer fired me bc he told me that I was too old for the job and too short. He said he was going to build a case against me bc he knew that my limbs and gates were too short to complete the tasks I was assigned to. He stated to me that the use of a bumper seat in the companies vehicle and the use of a stepper to reach modular units clearly showed my inability to ever perform the job. He told me once he had enough proof of all of the above, he would terminate me. And he did. I hv a witness within this office that can state that this supervisor:
1. Commented to the other office personnel that he intended to do everything in his power to get rid of the short old lady.
2. This supervisor extended benefits to other employees so they could learn the job easily while never affording me the same.
My witness can certify all the above.
Is this a good case?
What if I have audio/video as evidence of my managers telling me I have to count paper clips while I’m supposed to be on light duty? Does that fall under discrimination?
I live in Fort Wayne Indiana approximately two weeks ago they found a noose hanging in the locker of the job I work at nobody's talking about it they also told us we can't eat at the break table and it's right next to our job site so we have to go all the way to the cafeteria while the other employees can eat there
Sad
I have anore of my boss saying that my hours were cut because of my "disabilities"
Thank you lawyers.
What if I was discriminated against because of an injury. I'm a black female and was told there were no accommodations for me with a broken wrist. A white guy comes to work with the same injury and is accommodated with light duty work. But I can't come back until I'm completely healed. I have pics of the guy at work with his arm brace on.
How long have you been out of work? Are you getting any compensation? Definitely sounds like disparate treatment. But you will have to look at all the possibilities of why they are letting him work. Example: is his wrist sprained versus your broken wrist? Can you actually be productive with your broken wrist? If you feel that it may be discrimination I would write a letter to your HR department and confront your manager on the issue of how it looks. If they ignore your claims. Then you may have to file a claim with eeoc.
Call your lawyer.
She must have touched a nerve lmao
I was removed from my federal service of 10 years on the basis of AWOL but it was a retaliation rather. But I could not do anything because my union dropped the case after 6 months statutory limitation and therefore no attorney was ready to take my case.
My employer cut my hours from 40 hrs per week to 18 hrs only because she hired new employee from her country. Im not giving up fighting, thanks God I live in Canada so I can prove my manager wrong :)
What about discrimination on ptsd? I'm always being suspended for the same reason. With no cause!
If an employee is bullied, discriminated for several years and from different depts. is that because of employee's birthmark?
Can I still raise a case even if the discrimination occurred 6 months and I had to change jobs because of it? Same firm - completely different function
Please help me..I was wrongfully fired! I want my job back....3 woman wrote reports on me saying I threatened one woman...and it was clearly ganging up on me and a false accusation...hr...called me in and since I've only worked for 2 months on the job and still in my 90 day probation they said I broke the rules..I didnt! I would never do this....I am a christian...I want to know if this is subversive discrimination of my religion and bullying and how to fight this...this is a lie..and the hr asked me if what they said was true I said no they are lying..and then she asks me...they areally all lying? She never asked me for a written statement...I am so upset..I called the CO of the company..I really liked my job....this is clearly discrimination....I don't know how you can help me..I'm also in my 50's....and I have a 4 you college degree..most of the people I work with are uneducated or only up to high school....help me please!!!!
hi i was wondering. at my workplace we have a ppe code, Helmet, Vest, Pants and Eye wear. its private sector work and they brought the rule in for our safety. i had an employee ask since we load trucks from other customers but they have to book appointments do they have to follow yard ppe safety rules. the drivers don't need to wear pants. i keep using McDonald's as an example and how they cant demand customers to wear a uniform. the employee keeps but this is private sector and as far as he knows it means safety supersedes everything. would this be discrimination against an employee or would the drivers be exempt because they are employed by a different company?
What kind of sanction do you thunk the AJ will give the Agency for filing a Motion for Summary Judgement late (on the 32nd day)? Please let me know. Just entered my motion today.
I believe I am being discriminated against, everyone in my position and that was hired in the same 1-2 year time frame as me, has been promoted without gaining higher education like me. I went back to school for a MA in counseling, we are a counseling center, I now am even more valuable to the program her I have not received any promotions.These people did not gain higher credentials, were just offered opportunities. Always offered continuing education opportunities including hotel stays at the Hilton. 5 years of employment and new hires a t 6 months are given these benefits. Found out I am also making 50 cent less an hour than the new hires. I receive no awards, no credit, no recognition yet it's always being given out. I was also told by my supervisor about a job opening at another company! I was stunned, I said, so you want me to leave??? I work hard and my evaluations are spotless, I'm the work horse and sadly the only person of color amongst about 25 white females. My clients and community members give a lot of good feedback about me so I can tell you it's not my job performance, which has become doing everyone's job with no pay.
Hi! Can an employer cancel a position in middle of reasonable accommodation process? More than that, Can a position be cancel just for you when that was a position that there was going to be hire multiple candidates which they did, but it was cancel just for me
What if your employer talked about your EEO case to another employee? I thought it was confidential.
Let's say you want to file a charge with th EEOC due to a manager mocking your disability in front of coworkers but only one coworker is willing to come forward as a witness. Is that enough to prove discrimination?
Thank you so much!
Do these Laws Extend into UK Military? for instance without a doubt i am doing the same job as others in the same building with the same job title but they are a higher rank and higher paid.
Discrimination is outside the workplace as well
I didn't get fired but I was passed over for a promotion. There isn't one single "minority " in a leadership position within the company the entire leadership team are from the same background.....please advise
This isn't legal advice, I only investigated discrimination cases 8 years. 1. Did you apply or at least make it known you were interested? 2.Did they promote a less qualified candidate? 3. Other than the lack of minorities in leadership roles, are there other reasons you feel the reason for being passed over is your race? Such as "well, everyone tells [insert race/ethnicity] jokes and no one says anything" or "they all mock the delivery guy's accent when he leaves, and call me by his name", the boss says "I only want to hire [X] cause [X] know how to work", and you're [Not X].
You're best bet might be calling State Human Relations commission and talk to their intake people. Should be free and they should be able to listen to your story and see if there's a prima facie case in there.
I didn't get hired at a school because my brother attends the school. They told me this was the reason. Every teacher, including the principal has family who attends the school.. Am I being discriminated against?
Rob Nonya Yes. The fact that the other staff members have family members working at the same facility is the proof . Only if their policy has recently changed, upon your application submittal, otherwise you have grounds for a EEOC complaint aka lawsuit. Just visited the EEOC today. Be wary, you only have 180 days from the date of denial, aka the date of discrimination. May the Creator be with you and Bless you. Hope this message helps you in your passage.
Rob Nonya Misread your post, but that includes if your family member or members attend the school.
I trained white males to be my boss on a regular I'm always good enough to train people to get ahead but when it's time for me to apply to get ahead it's always things I need to work on then I speak on those I trained who get training not offered to me it's always a list of things I gotta work on
Same situation I'm in, I've seen people come in and take positions I've worked for. Coming into the door
i have discrimination in a big way and have been harassed and reputation has been destroyed. They are hacking my pc , listening to my calls, listen in my home, harass me non stop
can some of these thing you discuss also be grounds for discrimination when you are interveiwing,putting in resumes/applications?
Yes, illegal discrimination can occur at any phase of the employment process.
@@piccololawoffices3848 thank I am pretty sure I have been discriminate against a lot then, but felt I had no way to prove it.
My question is, is there any class that isn't protected?
I was discriminated on the apple store 😕 as a costumer I went to shop and they thought I was their to steal
chauvin
1 minute ago
I show up to work Monday after going handel business. I bring my big boss my time card he gets on the radio to call my boss and ask me what's my name again because they just called me crackhead and giggle I felt like the biggest piece of s*** and realized that's reason for all the staring and laughing over last year. I'm not a crack head. I just work hard cause of social anxiety problems. And staying busy not have to both with others really but my tracker I'm a fitter. It's every day I get laughing and blunt stairs in my face talking and laughing out of hearing
I say we were body cameras like the cops have to to make sure that it's their word against theirs.
my previous job was treating people from her church better than those who weren't from her church.
I found out that she was bringing up going to church in job interviews.
She was caught making comments about not making the same mistake about hiring people
Working for that job was an absolute mess.
I quit after 9 months and have not been back for 3 months now
You should of sued they ass!
I filed a case with the EEOC. After a response to ex-employer's Position Statement, the case has just disappeared. It has no history or record in the EEOC website. What's going on?
Wow, don't you have copies of your complaint and emails from investgator?
@@mindovermatter2day I have all the documents. Even if the case was dismissed, it would still show a record, but all I see is, "you have not submitted an inquiry for a Private Sector case."
I have a case I need you to represent
What if they don't give you anthing they just did it verbally
Did they ask you to enter a protected conversation?
I am Mexican my manager is Black. Two of the co-workers are white. They all violated a Lock out tag out. Wich is a Termination no questions asked. The only one that got fired was the black manager.
Following week one of the white guy's is working on a live electricity wich is a Termination does not get fired. And now a Mexican is working on a conveyor following all safety and company policies for the job and gets Fired. Wouldn't that be considered Discrimination?
Can we contact you for a California state employment case?
You'll need to find an attorney licensed in CA.
Xavier, ??
I worked for Dr.Pepper, here in Houston, Texas for the past 17 years, & I was punished for going to the doctor for my mental health illness, & also for injuries. Then ultimately fired.
About 4 years ago I was on medication for anxiety & depression, something I've dealt with since a child. I was doing really bad, I had severe migraines, night sweats, I couldn't sleep, eventually becoming suicidal. I informed my manager about what I was going through but instead of receiving support & simply being allowed to go to my doctor & to take days off, I was told no. I was told to not take a day off to go see my doctor, I was told to instead go to work, then go to my doctor after my first stop during my break, then go back to work. I refused plenty times & took the day off as I should be allowed but that only resulted in me being punished by not having someone cover my route on that day that I took off. I would confront my manager & ask him why he didn't send someone to my route & he would respond by telling me that I should have came to work. I went to HR & told other managers but nothing was done. I was dealing with so much due to my anxiety disorder & bouts of depression that I just focused on my well being, they didn't care, they did nothing to punish the managers & HR for treating me the way they did.
Then it happens again, I develop fluid in my knee, I ask for a day off & once again I'm told no, & also punished for taking a day off. I had a door fall on my back & I was sent back to work that same day by the company doctor even though I was hurt. Last year I got 2 pinched nerves in my lower back & once again I was met with anger by HR & my manager.
This company is very unprofessional, I had a manager put his arms around me from behind & wouldn’t let me go. I was constantly being yelled at by HR personnel, I was punished, threatened with losing my job, I was written up simply for arguing about this with management. Recently I found out that I was lied to for years about my vacation time. Nobody did anything about this. Not HR, not any managers. I was denied promotions & made fun off because of my condition. I have text messages of me being punished, I showed them to HR, to management, & as always, nothing was done.
So in August of last year I was fired. Their excuse was that I didn’t go to work, I was still owed vacations & I’m allowed to take days off that’s why I didn’t go. The managers at fault were never punished & still work there.
Gabriel Rangel I know who you worked for....the USPS!!!!
Is it the same law in Pennsylvania?
These are general principles that are relevant to federal anti-discrimination laws, which apply nationwide; however, each state has its own anti-discrimination laws and different principles could apply in each individual state. Also, the application of federal law varies from circuit to circuit. You'll want to speak with an attorney in your state to know for sure.
Thanks
Is it discrimination if my boss still scheduled me with my harasser 2 times after making a complaint with HR. They told me he made a genuine mistake on his part. I have the schedule still I kept them
Sort of. It's not discrimination it would be sexual harrassment.
@@NiaMSnowthanks I'm in a middle of a lawsuit now with my old company
@@pp13112 good for you. I'm in a similar situation but instead of sexual it is full on harassment and bullying & favoritism.
legitimate reason for firing. but pretext cover up for the real reason.
i saw the hicks case, he proved he was protected class, qualified, he had adverse action , and others favorable, the company gave legitimate reason for firing but hicks proved that the legitimate reason was in fact false, hicks still lost.
Because the jury didn't believe race had to do with it.
____________
After proving 1. protected class. 2. qualified. 3. adverse action against you. 4. others favorable. and legitimate reason for firing. but pretext cover up for the real reason,
what other evidence do you need to win? since direct evidence is not always available
Obviously people that have extreme piercing and tattoos can file lawsuit for discrimination and they are well within their rights to do so if they feel its deeply apart of their identity hence personal appearance discrimination too.
I work 12 hours everyday and get paid a little money and hard labor I really need help
If you're from the U.S. you have to get paid overtime for every hour over 40hrs/week and even more for every hour over 80hrs/week unless you make $32k/year and you work in a higher/essential/exempt job roles (by law).
If not, you can file a lawsuit against the company.
Take to your lawyer.
❤️🌟❤️❤️💪
Special beam canoooon!
I was released due to finding a KKK ritual "noose and doll"hanging in the workplace onboard a Us navy vessel can you help me
Contact color of change
If you took on DoD and won on an ADA case please contact me
Whoever left the KKK sign should be fired
@@theyankeegal13 ad a trump white straight man who the fuck did that kkk
Only have text messages, videos and phone numbers is that enough evidence? Couldn't even walk through the door in my coworker was sexually harassing me asking me for my number asking to hang out with me telling me how lonely he was and then when I rebuffed him then it was workplace bullying.
I don’t think im pretty !! Im a normal girl
But I have a boss she gets mad that my skirt is tight but her skirt is tight! If I wear makeup its a bad thing but she says nothing to other girls ! She looks at me head to toe she always has something to say to me ! I have back issues ! And I gave her paper work but she does not let let me sit every hour but of its someone from her race they can sit or go home but if I do it I get a write up.
how about for people with autism?
i saw the hicks case, he proved he was protected class, qualified, he had adverse action , and others favorable, the company gave legitimate reason for firing but hicks proved that the legitimate reason was in fact false, hicks still lost.
Because the jury didn't believe race had to do with it.
__________
After proving 1. protected class. 2. qualified. 3. adverse action against you. 4. others favorable. and legitimate reason for firing. but pretext cover up for the real reason,
what other evidence do you need to win? since direct evidence is not always available
I get discriminated all the time
working in a pharmacy and not being vaccinated
Do these laws cover Miami Florida. Thank you for your comments take care and goodbye.
Like DBZ???
How about having a voicemail recording of my boss talking about me with coworkers is this work place Discrimination
What about bulling workplace and making clients hate you.
I got fired from my shitty bagger supermarket job in Miami, because I'm a Christian as I explain in videos.
What if you're boss calls you stupid because you have a learning disability?
Report them to HR that is beyond wrong and I am so sorry that happened to you, your boss is the only one who is stupid
@@eman8459 thanks buddy
I think I was just discriminated against in Medicare independent agent
After eligible and two meeting Out of nowhere they are not interested
I am qualified
I believe they would go for somebody white
Why are some classes protected sounds like privilege. You mean you are more believed for being in a protected class
I’m a white female, I was told there were no job openings, but a white man was temp just like me. 3 months later he gets a job offer and was hired on. To me I was over looked for a job, because I’m a woman. He does have a degree, but I have experience. Would this be discriminatory ?
For 4 years they are criminals
They hack my home pc illegally
Caucasian means white so all job applications discriminate against whites grouping us as one race. But Jews and Germans are not the same race. Anyways Mexican American and African American are races but Caucasian is not. So all white people are discriminated on with job applications. Causasian is not a race, but African is.
amen, wtf is this world coming to..?