Can I fight this?

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bricarr

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I have a reverse discrimination issue going on. I have worked 5 years on night shift with my current employer. My manager has repeatedly hired new people and given them day shift in spite of my asking for it. He is spanish and all 3 that he has given preference to are as well. 2 of them are actually friends of his from another company. I've now been told that if I want to take the current day shift opening I have to take a pay cut. This pay cut only applies to me. There is no shift differrential in my company so why would my pay go down? This is to deter me from taking it so he can get another of his friends in. My coworkers are well aware of the discrimination but noone wants to risk their jobs for my sake. If there were jobs out there, I would simply leave. Unfortunately, there aren't. Any professional advise would be greatly appreciated. Thanks.
 
Right now all you have is strong suspcion. Where you can certainly try to bring an action on your employer it might not be enough to prevail. In addition it could cost you your job as well. It might be wise to seek new employment then take action once you have new job secured
 
You should consider contacting a local employment law attorney and/or a representative of the EEOC or the NJ Division on Human Rights. Based on your post, it does appear that your employer has treated you in a disparate fashion for an invidious reason.

Federal law and state law prohibit retaliation against individuals who file discrimination charges. This prohibition compels the vast majority of employers to refrain from taking action against complainants.

With that said, if you do file a charge, at a minimum you will need to operate like "Caesar's Wife" at work during the pendency of the charge. You do not want to inadvertently give your employer a valid basis to discipline or discharge you.
 
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