Legal Question in Discrimination Law in California
EEOC law on National Origin
I am trying to find out what the law is on employment discrimination. I work for a property management company was rehired back in June as community manager. We have 3 bldgs in Korea Town,LA. Myself along with 2 other mgrs were told that the company wanted to hire 1-Korean mgr and 3-asst Korean mgrs and 1-leasing korean mgr to run the bldgs.They also said they wanted Koreans instead. They told us we all will be replaced by them and myself and 1other mgr positions will change to floating mgrs and the other mgr was going to be laid off but because we do a good job they want to keep us but no property to place us so we would have to float and drive from property to property. I dont think that is fair to us since we've been with the company first and if we were doing our job right now we have to leave our property. What can I do?
5 Answers from Attorneys
Re: EEOC law on National Origin
I am assuming that your national origin is not Koren, correct?
You are describing national origin dicrimination. Many employers believe they can make such hiring decisions based on customer preference. However, this is not the case. I can put you in contact with a good attorney in your area if you wish.
Best of luck, Beth Mora
Re: EEOC law on National Origin
On its face, you have described a classic case of racial and/or national origin discrimination. The burden is on the employer to prove that being Korean is a bone fide qualification of the job, which would be a very difficult thing to do.
You should consult with an experienced employment law attorney to go over a game plan and decide what your best options are.
Re: EEOC law on National Origin
As they say "on the face of it" this sounds like ethnic discrimination. It is also probably true that the company will defend any claim on the basis that they want Korean 'speaking' managers to deal with their customers to convenience them. I am assuming you don't speak Korean. If you do, then the company really has put itself into a risky position. Feel free to contact me if interested in pursuing this; I have been a specialist in this for 20 years.
Re: EEOC law on National Origin
Clearly what they intend to do is illegal. They seem pretty brazen about it, so hopefully they won't cover their tracks very well. Our rates are reasonable, and a contingency agreement may be available.
Re: EEOC law on National Origin
The conduct you are describing is discriminatory in nature. As such you have valid claims against the employer, however, not until an adverse employment action takes place. Just because they are telling you they are going to do something does not mean they will. Once they go through with their plans you and your colleagues have valid discrimination claims.
I have handled cases with similar circumstances, so if you need further assistance contact me or other qualified attorneys in your area.
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