Retailiation incidents
Recently I was questioned by the EEOC/Affirmative Action office of where I am employed. The situation was due to an employee who walked out of her job due to sexual and racial slurs by her co-worker. The individual had sought reliefe from higher management in our department but the slurs and comments where continued she went to EEOC/Affirmative action. The Director asked for an investigation, and the human resouces office as well as the eeoc office called in several employees. They claimed that the director did not know who was being talked to. I was asked various questions for approximately 2 1/2 to 3 hours and gave them information and incidents where I had heard dicrimantory comments myself. I also explained several incidents of where lack of confidentiality existed in the work area from the director's executive assistant. I gave them incidents and specific details of such cases. The two individiduals who interviewed indicated that the report would not contain my name as to what I had said. Soon after I had been questioned I saw the director in my work area quite often. It was unusual since I had never seen him around that much before, this was approximately 4 weeks ago. Then on Nov 16, I was handed a layoff notice by our department HR representative. The reason being due to BUDGET cuts. I asked who of the people I work for in my unit knew of it, she said "3 of them". When I mentioned this to the 3, one completely denied knowing anything about it, 2 others told me that the director had been around, about 3-4 weeks ago, asking about my performance, how or if I was pleasant to get along with, and if I there was sufficient work for me to do. The all indicated that my work performance was excellent, that I was pleasant to get along with, and that there was plenty of work.
My question if these questions were being asked in the same time frame of the EEOC - HR report was submitted.
How do I know this was not due to the questions I answered (retailiation)? and since the director was not to get a negative reply about my work performance etc. then he used the budget cuts as an excuse.
If this was due strictly to budget cuts why was he inquiring about my work performance, or how I was to get along with.
There are employees who have alot less time working there than I do and they were not laid off, also there are employees there who have not always receive excellent job evaluations from there superiors and they were not laid-off.
I told the harrassed employee several options she could follow to pursue her situation and an email I sent her was shown to me during the grilling interogation, asking me why I felt the need to send her this information.
I really believe my lay-off was due to the report and for supplying information to a co-worker about her situation.
Please let me know if this retaliation?
Answers (1)
The facts you have recited are typical of what often happens in a retaliation case. As in most cases of discrimination, proving that the layoff was motivated by retaliation is difficult, and may be impossible to prove conclusively unless the boss admitted his motive to someone within the company. But the burden of proof in discrimination cases is not proof beyond a reasonable doubt, but merely by a preponderance of evidence. There is a burden shifting analysis that the court applies, and you may be able to prove retaliation indirectly by proving that the supposed reason for your layoff was a pretext. If you want to pursue the claim, I would suggest that you file a charge of discrimination with the EEOC and let the agency investigate. They can at least find out what the company's explanation is for the layoff, and may be able to gather other information from people in the decision making group that may support your suspicion.
posted by Francis Fanning | Nov 26, 2001 1:10 PM [EST]
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