Legal Question in Discrimination Law in California

I am muslim middle eastern physician, law legal resident for 10 years. At my current job, after the my boss who hired me left the company. I was moved to another team, where they progressively diminished my position. Took away the office and moved to cubicle (as I don't qualify anymore) all other employee of same title has offices. They didn't let me go to annual meeting in Europe as there is high likelihood that my visa will be rejected. When I complained, one coworker said that I look like terrorist.

I feel target, disrespected and discriminated. This is multinational biotech and employees all over the world and they treat me unfairly.

Can I file a suit?

Worried about my career!!

Asked on 5/06/13, 9:33 pm

3 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

You need to speak with a plaintiff-side employment lawyer, lay all the facts on the table, and discuss whether your change in position constitutes unlawful discrimination.

It is simply not possible to advise you as to the specifics of your claim in a public forum, and only an in-depth interview with an attorney can lead you to the answer to your questions.

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Answered on 5/07/13, 1:16 am

Kristine Karila Law Office of Kristine S. Karila

It is unlawful to discriminate against or harass an employee because of his/her religion, etc. If the company did not let you go to Europe because of visa issues, then I don't see how that could be considered unlawful discrimination. The "terrorist" comment is inappropriate and may lead to a case for unlawful harassment if there has been similar conduct which is either severe or pervasive. One comment alone won't make a lawsuit. You should complain about the "terrorist" comment to HR if you have not done so already. If discriminatory or harrassing conduct relating to your religion, etc. continues, call an employment law attorney.

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Answered on 5/07/13, 9:03 am
Terry A. Nelson Nelson & Lawless

One peer comment is not 'proof' that you are being discriminated against by mgmt. It does raise your suspicion though. To win any suit, you would have to prove the conduct was all "motivated by" a discriminatory attitude towards you, and you would have to overcome the company defense that you were simply suffering from poor evaluation of your performance and value to the company. Without direct evidence such as comments about race or religion being a factor, jokes, etc, you have only circumstantial indication of discrimination. So, what evidence DO you have? If you think you have anything else, feel free to contact me. I've been doing these cases for many years.

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Answered on 5/07/13, 12:18 pm

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