Legal Question in Discrimination Law in Kansas

My grandfather works as a dishwasher in a well-known hotel. He is from Russia and does not speak very much English. His manager is African American and always commands my grandfather to do menial tasks which are not a part of his job and if he doesn't do them, the manager cuts his hours to as little as 10 hours a week. The manager also makes remarks and laughs and my grandpa gets mad but cannot say anything. What can I do?


Asked on 5/02/11, 6:33 am

1 Answer from Attorneys

Anthony Smith LawSmith

Nation of origin, although seldom plead, is a prohibited criteria for discriminatory employment action, like race or gender. If your grandfather's manager is treating hom differently from other employees because of he was born outside the US, it might be actionable discrimination.

Your grandfther should bring this mistreatment activity to the attention of the owners or higher up supervisors of the Hotel/restaurant company. If they do not adequately investigate and address the mistreatment, yoru grandfther should make a claim with the Equal Employment Opportunity Commission (EEOC) very soon thereafter. You said your grandfather's English is not too good. He might opt to take an advocate with him to report the mistreatment to the higher ups, or make his report in writing. Hopefully, the manager or the company will not retaliate agaisnt him for making the reprot. If they do, that would be an EEOC violation, even if the manager's activity thus far is not.

Not all mistreatment is actionable. If it turns out that this manager is jerk that mistreats most or all of employees, it is not disciminatory. The EEOC does not protect against distaful jerks. jus tthe ones that choose theri victims based upon one of the prohibited criteria (i,e, race, nation of origin, etc.)

You are nto able to provid emuch factual information through this site. Therefore, you and yrou granfahter might want to consult direclty with an employment discrimination lawyer in his area before reporting the activity. Many offer a free or low cost initial consultation.

Good luck

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Answered on 5/02/11, 1:32 pm


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