Discrimination at work. What would I need to prove it? Is it worth going through with it?
Yes…I have this question in two categories…I just wasn’t sure where best to put it.
I have worked for the company part time for a year. I work in the data entry department with 4 full time employees and one full time temp. I have been told repeatedly that if I want full time, I could have it. About a month ago, I put in my request. Currently, I work 15-20 hours on the weekend and three 5 hour shifts during the week.
I requested one of two shifts:
1. Keep my current hours, but add to the three weekdays
or
2. monday through friday 9-5:30
I was told that #1 wouldn’t work and I’d have to be Monday through Friday, but that it would have to be 10:30-7. She told me there was no earlier shift available. I declined the full time at those hours in an email, but stated that if anything earlier came up that I would like to apply.
Our bosses niece works in our department and works 9:30-6. That is a problem, because she’s only been with the company for 4 months and has less knowledge than I do. But…it’s her niece, so I figured I was out of luck and shouldn’t bother.
Today, I get to work and find out that the temp is now also 9:30 – 6. She has been with the company for a month. There are three people with more seniority than I that also would like the early shift and have been told the same thing as me….there is no early shift.
So, our boss is black. the two with the least seniority and skills are black, but they have the shifts that we all want.
Is there anything that I could do or should I just say tough luck? What is the benefit to going through with a discrimination case? How would I bring it up to her or her superior?
I’ve never been in a position like this before, and its disgusting. I have an email from my boss saying that no shift before 10:30 is available and the printed schedule with them in earlier than that.
What should I do?
Just so you guys know….I’m not getting all crazy and mad about the fact that they are black, but it is a strange coincidence. There is no reasonable explanation why these two women are getting such preferential treatment.
I don’t want to sue. Pretty sure I never said that. And I thought the definition of discrimination was the unjust or prejudicial treatment of different categories of people or things, esp. on the grounds of race, age, or sex. Clearly, these two employees with less skills and less seniority are getting preferential treatment for some reason. I have no idea if it’s because they are black or because they are related to the boss. All I know is that there are 4 employees who have good history with the company that are being pushed aside for the benefit of others. So, Sweet Jesus! Yes…what’s going on is grossly discriminatory for whatever reason. All I’m asking is whether I should write this off as tough luck or should it be brought up to a “higher up”. I’ve never experienced anything like this before and there is something blatantly wrong with the situation.
Answer: You need to sit down and document everything from the way things were, your request for more hours, your boss’ reply and the end result of her giving the shift to a less qualified worker. Is it nepotism or racial discrimination? On the surface, I would say it was nepotism and the girl just happens to be black.
Race/Color Discrimination & Work Situations
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. http://www.eeoc.gov/laws/types/race_color.cfm
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If you are not a union then you are pretty much screwed…. Other then that it isn’t really discremination if there is a bunch of you being treated the same way.
It sounds like your boss wants to retain these employee’s for what ever reason. And all this case really does is make you look like racial discremenation on your part. Just cause there all black i don’t get my shift? not the best way to approach this… i would read into your state labor laws.. and your company policies… if there is clear writting saying this is wrong.. you print these laws and have the other co works that are getting screwed to sign it too… then go from there.
The problem is they offered you the full-time spot, but your requests could not be met so you declined the offer. They may have other shifts available for part time people and temp people. It would also be extremely hard to get a judge or jury to agree a black person is discriminating against a non-black. It’s unfortunately the way it is. They don’t want to be labeled racist.
You just ran into some tough luck.