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Discriminate at work

Discussion in 'Employment, Labor, Work Issues' started by Rochelle Hyde, May 29, 2020.

  1. Rochelle Hyde

    Rochelle Hyde Law Topic Starter New Member

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    So I work in a nursing home. And i have been unfairly targeted by my supervisor. I have faced racial discrimination from individual alert and orientated residents that has been getting swept under the rug. I have made several complaints to no avail. I can't trust to go to my supervisor as she is the one perpetuating issues and I can't go to my DON because their all friends and Is not doing anything about the situation. It's not just mr getting targeted but several employees. Their is alot of favoritism but it's at the detriment of my job and I really love taking care of people but it's becoming an issue that I'm stressed, and physically I'll to go to work. I'm at a loss what to do. I'm already looking for other employment but in the meantime I still have to work. I'm so lost right now.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    You need to contact the management of your company with your complaints. If it continues after they have had a reasonable time to act you contact the EEOC.
     
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  3. Tax Counsel

    Tax Counsel Well-Known Member

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    Unfairly targeted in what way? Remember that legally employers don't have to be fair. What they are prohibited from doing is engaging in illegal discrimination. Under federal law that means treating you unfavorably because of your race, color, national origin, citizenship, religion, age (if you are at least age 40), sex, disability, or genetic test information. Under NY state law that means treating you unfavorably because of your age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, marital status, or disability. So it's important what the supervisor is doing and what his/her reason is for doing it. If the reason is one of the things I just listed then it's very likely illegal. If the reason is something else, it likely is not illegal.

    This gets tricky because, unfortunately, it is not illegal for a customer of a business to discriminate against an employee because of race or any of the other things I listed. So it is not illegal for residents to discriminate against you. However, it can be illegal for your employer to go along with the resident discrimination. For example, it would not be illegal for a customer to call you some racially derogatory name. However, your employer has an obligation to keep the workplace free of racial harassment, both by employees and by the residents. Similarly, it is not illegal for a resident to express a preference for being served by a person of a particular race, but it may be illegal for the employer to go along with the resident's request.

    In order to remedy the discrimination you face by the resident's racial harassment you do need to bring that up to management and give the employer a chance to remedy it before you have a good claim to pursue. The same would be true if you faced such harassment by other employees. You don't need to go to management first to complain about racial discrimination by the employer itself, but going above the supervisor or other official that is engaging in the discrimination can bolster your case. So even if the employer does nothing it may be worth making the internal complaints even if they aren't actually strictly speaking required. I suggest though that you first consult a local attorney who litigates employment discrimination cases for advise on this. You'll want to do it in a way that best provides evidence that you can use later if the company doesn't take any corrective action and that best sets up your case for later.
     
  4. mightymoose

    mightymoose Moderator

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    It's it the employer who is discriminating or the residents you care for?

     
  5. zddoodah

    zddoodah Well-Known Member

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    Conclusory allegations without any actual facts are not going to result in any useful feedback.

    How and for what has your supervisor "targeted" you, and why do you think it's "unfair"?

    What does "individual alert and orientated [sic] residents" mean?

    How are you being discriminated against, and what evidence exists that it is racially motivated?

    Who is sweeping this under the rug and how?

    Made complaints to whom?

    What is a "DON"?

    In addition to not providing any facts, you also didn't ask a question. If you believe whatever is happening is illegal and your supervisor or your supervisor's supervisor or the employer's HR department (if there is one) is not resolving the matter to your satisfaction, your recourse is to quit and/or consult with a local employment attorney.
     
  6. Tax Counsel

    Tax Counsel Well-Known Member

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    My guess, given the employment setting, is that it stands for "director of nursing". Hopefully the OP will clarify that.
     
  7. Rochelle Hyde

    Rochelle Hyde Law Topic Starter New Member

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    Its the director of nursing. I mean getting called racial slur. Being written up unjustly. I had a resident who wasnt feeling well who didn't want to get up for dinner. It was four of us aides on that night. Well her nurse wanted her to get up but residents have rights. She had every right to make the decision to stay in bed but all the aides got called in the office for not getting her up but I'm the only one that got written up for it.
     
  8. cbg

    cbg Super Moderator

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    How do you know whether anyone else got written up or not?

    That's a real question.
     
  9. shadowbunny

    shadowbunny Member

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    What do you and these other employees who are getting "targeted" have in common?
     
  10. Tax Counsel

    Tax Counsel Well-Known Member

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    That's not acceptable. Document each time it happens — date, time, place, what was said, who said it, and who else was around that would have heard it. That kind of documentation may be useful later.

    How do you know you were the only one written up for it? Is there any reason you can think of that the Director might try point to as to why you'd face the write-up and not others? If you have a copy of the write up, hold on to it. If you don't have it, it might be a good idea to get a copy of it.
     

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