Discrimination

I need help! The Director of my program is reassigning me to a new part time site location on the brink of her hiring a white male, (I'm a Arican American female) for this location because she does not feel he is a good match for that location. I expressed to her that I thought it wasn't strategic that she reassign me being that I had been doing good owkr in my current site location.

The Director (white woman) then told me she was also extending the hours from part time to full time with me only returing to my home office the one day a week the white lady I got into it with in my office is out.

I feel like shes discriminating against me and when I asked her if the move was a racially motivated repercussion of thatincident she began yelling and becoming irrate over the phone with me.

She went on to inform the Executive Director that I called her a racist which I did not say. Unbeknown to her, 3 other people heard the conversation we had, and they attest that her claim is untruthful.

I filed a greivance with the ED as stated in our policy manual and at another meeting she & the ED denied that was even stated that claim.

I am at wits end. The director transferred my direct supervisor to another department and she has been reassigning all the other black people that work with her to different departments. I am scared I am the next to go.

In the meantime I have been having anixety attacks, I've been to HMS, I've seen therapist and everything that HR has suggested. I still feel like it is unhealthy for me to be working with her as my direct supervisor when I have filed a greivance against her. I do not trust her to be unbiased.

Im comsidering quitting but I do not want to become uneligible for unemployment and I amnot sure what to do.

please help!

2 answers  |  asked Sep 18, 2008 11:59 AM [EST]  |  applies to Pennsylvania

Answers (2)

Christopher Ezold
Quitting is generally the worst thing you can do, except in emergencies.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, quitting is generally the worst thing you can do, except in emergencies. Unemployment becomes very difficult to obtain, and your claims of discrimination also become more difficult to prove legally.

You should ensure that your complaint is in writing, and references the prior complaint specifically (date, nature of complaint, person complained to, etc.). Mere bad management, or decisions that do not mesh with strategic needs, is not discrimination. Differential treatment; i.e. treating you differently than white employees, is discrimination. You should gather evidence (although not any documents or information that you are not allowed to possess) to support any incidents of differential treatment. You should also contact an attorney as soon as possible to discuss the matter.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  Sep 22, 2008 08:48 AM [EST]
Harold Goldner
You need to SEE someone

Your situation is difficult, but not unique, however it is NOT one which can be resolve over a web dialogue.

BEFORE you quit, you should get to an employment lawyer who may be able to assist you in even keeping your position.

While quitting a job does not necessarily both end entitlement to unemployment and a claim for discrimination, it can do both. Only under particular circumstances is resigning employment a viable option while preserving claims.

Again, if your situation is sufficiently dire, you should see a lawyer first.

Harold

posted by Harold Goldner  |  Sep 19, 2008 11:47 AM [EST]

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