Legal Question in Employment Law in Pennsylvania

discrimination

the company i work for has 3 distribution centers, each having a security department group lead. 3 years ago 2 were black and the newest was indian. when they filled my dc's position it was with another black man with only three months at the company instead of myself who is white and had 3 yrs. at the company. when i talked to my manager about this he did nothing, except say it was because of a reprimand i had had. 4 months later i called hr and was not given a closed door meeting but 10 minutes over the phone and i only mentioned 2 other things because i was not given proper time to go further, this resulted in my manager yelling at me denying me a previously approved shift chgange. the new group lead denied me participation in a first responder class in favor of a hispanic female and a black male coworkers. when he appointed someone to shift coordinator it was a hispanic female coworker and when she left he informed me i was being put into coordinator position pending 90 day probationary period. 3 weeks in he decided to give the hispanic female coworker that was sent to the first responder class a chance at being coordinator. it seems as though he may select her. am i being dicriminated against and if so what should i do?


Asked on 6/05/07, 7:25 pm

1 Answer from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

Re: discrimination

It is hard to say whether you are being discriminated against. You may not be giving a full history of your discipline, relative to the discipline of other employees. Bottom line is this: are you prepared to go before a court, line up yourself against each of these other employees, and say "if you take race out of the equation, I was clearly the more qualified candidate on all levels--not only seniority, but also performance--and these people all got promoted instead of me." Because that's exactly what your employer will do--pull up every piece of evidence that you were a less-qualified employee. That being said, since only YOU know the facts, and I don't yet, if you are prepared to stand by this position, then you may have a good case--but you will have to file with the EEOC, which we can not only do, but represent you in front of the EEOC as well. Feel free to call our offices.

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Answered on 6/05/07, 11:01 pm


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