Discrimination and retaiation

[Mark3]

Myself and another gentleman were fired at work for having an argument at work no fights noting physical at all. Under the no harassment policy we were terminated last summer end of June 2013. My union contacted me and notified me 6 weeks later that the both of us would be returning to work given we sign a last chance agreement and so we did. However upon returning to work two white men got into a fist fight inside the work place one of which happens to be the head union stewerts son-in law and the best friend of the plant manger. The fight was witnessed by his supervisor and several other employees the supervisor emailed the plant manger about what took place. They called the head of the union which is his dad and his best buddy the plant manager all into a meeting they come out untouched no write up's no nothing at all sweep in under the rug. Well the witness's of course were unhappy about it given what they had all witnessed what happened with me and the other gentleman with just a disagreement one witness made a phone call to the hotline then spoke with the head of HR it resulted in the man who fist fought calling the woman a bitch a report was made nothing was ever done. They all sat down and had a meeting with HR specifically wanting an explanation with what seemed like why the same rules didn't apply to the whites and how the guy fighting called the lady out her name and well known reportedly for using the N word in the work place and that he is never subject to the same rules as others. So I go and start an investigation with the EEOC on the matter. The company after all these reports of this man's conduct at work they give him a promotion to a supervisor just mos later. After I filed the charge the company then fires me for a petty violation that is normally overlooked. Of course so many things took place after the filing but it ultimately ended in me getting terminated. So after the termination I went back to EEOC and they issued me a separate charge of retaliation. First the discrimination charge was filed Sept 13,2013. then in June, 2014 the retaliation. I have to meet with the EEOC on their finding this coming week I did speak with EEOC and they said as far as discrimination that that doesn't look good and how that is hard to prove but there are some other discoveries I haven't given them like a recorded detailed recorded meeting all in regards to how he's throwing the N word around at work and another gentleman White made a 9 page report as to how he's personally heard him use N word. What's you're thoughts?

 

[disagreeable]

I think you are confusing union representation with fairness and equity. There is not a law that says the company must enforce a regulation all the time. If they fail to follow them in regard to you, the recourse is to file a timely grievance and hope either your boss or the Business Agent is willing to stand in your favor.

 

[Betty3]

The only thing you can do at this time is hold & see what the EEOC findings are.

 

[ElleMD]

It isn't clear how your race or other legally protected characteristic caused you to be treated adversely. Third hand accounts of a coworker unrelated to anything which happened to you, using profanity outside of your presence isn't actionable either. Nepotism isn't illegal, nor is treating friends and family more favorably than others. It may not be fair but the law doesn't govern fair.

You've already reported it to the EEOC and they are investigating. I'm honestly not sure what else you are looking for.

 

[Mark3]

the company doesn't treat or hold people of color to the same standards they do in fact go by there own rules of the book with us there has been many instances of this at my work. when we see caucasions go into HR or have a disciplinary issue we can pretty much take bets on how the out come will be null. That's seems to be a protected class and their own set of rules from the company hand books don't apply. Blacks are held to a higher disciplinary set of procedures its not illegal for my bosses to be jerks I have experienced 1 or 2 situations that are specific. policy was no tolerance and that's why I felt I was legally fired you argue you fight you get fired no tolerance "should" be for all right ??? as far as the retaliation after filing the original charge weather it would hold up or not I feel like I have the right to work in a retaliation free work place I felt targeted after the original filing back in Sept. I engaged in an investigation with EEOC and as a result I was subject to disciplinary actions that were very petty violations that would normally be ignored and was fired of given excessive punishment for the 2nd time after the original charge this retaliation seemed to purposely discomfort me I mean I lost my job be hind how I felt. ???question does racism look the way it did in the 60 me personally I think it get more cleaver but I dint know im asking you all about all this and certainly appreciate the feedback. no this man didn't personally call me or discriminate to me personally he just happens to be a well known racist in the company several reports have been made in regards to his behavior with the n word the calling of women itchs one caucasion guy made a 9 page rerprt about this man and on all accounts nothing was done about it he was promoted after all this I have the audio of the meeting in which they spoke of this racist man and how he was on the floor using the N word and nothing was done the other gentlemen wrote a 9 page report and nothing was done..... so how has this affected me I was punished to the full extent of the company's rules unlike him when he fist fought and if they had treated me like they do others than perhaps none of these had taken place... question want some of what civil rights were to have rights and then to be treated equally. Thank you all for your input on this...

 

[Mark3]

oh and to answer what am I looking for? I guess when I attend this weeks meeting of course I want to hear feed back of what the discoveries are I do personally think the EEOC is limited on how thorough of an investigation they can do like speak with witnesses employees etc etc in comparison to an attorney doing it. So if they offer me a Right to Sue is the ok and then what about the fact about the retaliation after the filing,, Thank you all

 

[ElleMD]

There are two ways you can file a claim for racism; either adverse action or hostile environment. One requires that you be treated less favorably because of your race. What they will look at is whether or not similarly situated employees (same job, same supervisor) who did the same thing you did, were also fired. If so, you don't have grounds for a claim. If others got away with it, and were a different race than you, then you at least have a prima facia case that race could be the reason for the different treatment. Your employee may argue they have a good reason for treating you differently and that reason may or may not fly but that is the basic process. If this racism supervisor was not part of the decision to fire you, then the fact that he holds antiquated and narrow minded beliefs doesn't really figure into the equation.

Hostile work environment is tough to prove. Basically it holds that the work environment was so tainted with racism that it materially affected the conditions of your employment. If this racism employee was your supervisor and he called you the N-word personally to your face repeatedly, then that could very well be a HWE. This guy being in a different department, not speaking to you, and hearing second hand accounts of him using that word, would not. There isn't a cause of action based on someone being racism in general or racism toward others. Obviously the company should care and do something, but the law stops short of ensuring a civil workplace and only prohibits discrimination.

 

[Mark3]

yes they actually have wrote up two other guys up for the same thing I did they had an argument on the floor were taken in and actually suspended for three days right of the flip sent home three day's they were African American's. It seems the treatment for us is all to often worse with respect after to the way other's are treated. one of the boss's came up to me and literally cursed me out on the job when I started working there I witnessed that first hand I didn't report that to the company at the time because my 90 days hadn't ended yet at the time but did in fact include that in my initial report and that guy is in fact the guy that covered up the fight and let him off. So yes one of them does work in another dept so that's not direct to me but indirectly as a company discipline as a whole and the other gentleman was my superintendent at the time he cursed me out and it turned out he was not correct in what he was discussing and never returned to apologize about that and I never forget about that. well I guess ill go to the EEOC meeting and see if they will even issue a right to sue I plan on filing suite next week with an attorney... what's you're thoughts on the retaliation alone

 

[army judge]

yes they actually have wrote up two other guys up for the same thing I did they had an argument on the floor were taken in and actually suspended for three days right of the flip sent home three day's they were African American's. It seems the treatment for us is all to often worse with respect after to the way other's are treated. one of the boss's came up to me and literally cursed me out on the job when I started working there I witnessed that first hand I didn't report that to the company at the time because my 90 days hadn't ended yet at the time but did in fact include that in my initial report and that guy is in fact the guy that covered up the fight and let him off. So yes one of them does work in another dept so that's not direct to me but indirectly as a company discipline as a whole and the other gentleman was my superintendent at the time he cursed me out and it turned out he was not correct in what he was discussing and never returned to apologize about that and I never forget about that. well I guess ill go to the EEOC meeting and see if they will even issue a right to sue I plan on filing suite next week with an attorney... what's you're thoughts on the retaliation alone

Discrimination and prejudice aside, its BEST never to argue or cause a RUCKUS in your employer's place of business or before your employer's clients.

A place of business is not a honky tonk, juke joint, street corner, or place of ill repute.

It is a place provided by any employer in which his or her employees should be 100% engaged in doing ONLY the employer's business.

If a dispute arises between you and others, its best to do nothing but report the matter to the employer's designated authority figure(s).

We all should endeavor to settle any dispute peacefully.

That means no arguing, shouting, or anything but doing what your employer is paying you to do, HIS or HER business!

One final thought on discrimination.

I find all forms of discrimination in employment, commerce, and other public activities repugnant.
In these sunset days of the Obama Regime, however, discrimination lawsuits by US citizens are a waste of time and effort.
My first lawsuit I ever won was for an age discrimination case I did for my father.

Dad waited almost a decade to get his justice.
These days, dad's case would likely get tossed as it wound its way through federal district and appeals courts.
If you prevail, OP, God bless you.
Its my belief to this day that the lawsuit expedited my father's demise.
He lived for about three or four years after I received the check and apology letter for his case.

If there's anyway you can move on without bothering with this, OP, I'd move on.
Even after prevailing, my father died a bitter, angry, broken, unhappy man.
The entire experience jaded a man that survived the depression and WWII (including being in wave 1 on D-DAY).
God bless and I pray you receive your peace.

 

[ElleMD]

It is really hard to follow your posts due to the grammar, but in general, unless the yelling at you was because of your race, it is not actionable. You don't say how long ago all these things occurred or when you filed with EEOC, but there are statutes of limitations. If you were yelled at 5 years ago, that is not going to have a legal remedy.

There are basically 2 outcomes. The EEOC either finds cause and pursues this on your behalf or they issue you a right to sue letter. If they issue you a right to sue, it is up to you to file or not, with a lawyer or not. I would talk to a lawyer before filing.

It is really unclear why you think you were fired in retaliation as opposed to whatever infraction you committed. Fighting with a coworker gives your employer a reason to legally fire you on a silver plate. The fact that the union steward's son, who it sounds like had a different supervisor and was at a different point in time, wasn't fired for fighting, does not mean you automatically should be allowed to just because you filed a claim with the EEOC. While certainly possible you were retaliated against, it takes a lot more to prove it or even establish a firm basis for it. it also very well could be that since the union forced the company to reinstate you after you fought, they saw little point in firing others who did the same.

 

[Mark3]

Thank you for you're response. 1st .The two of us we fired first = legally per the employee hand book 2nd. rehired. 3rdly the other two had a fight etc etc. 4thly then I filed in September 2013 a charge of discrimination etc etc. 5th then the year went by several retaliation things occurred after filing the original charge then 6th in June I was terminated for a bogus reason.

I appreciate you're time I have never been through any of this and my friends and family have never experienced such a thing as well.

If they issue a right to sue like what does that mean as opposed to them taking on this im thinking it ends their investigation this was filed dually with the state

 

[Mark3]

I agree with you fully but when those things fail and get out of hand I expect to be treated exactly as the next man.

2 guys ride to work together and are both late the company issues a point on their record because the employee hand book states that when youre late you get a point.

the nest day two completely different guys but of a different race are late punch the clock but the supervisor see's them come in along with two other employess the supervisor then email's HR like he's been instructed to do but nothing at all happens infact they call the two of them are called in the office and nothing ever comes of it and when the witness shine light in it the man then call's her a black bitch and to mind her own business it get's reported and nothing happen's.

so yes I agree I was wrong for what I did I just simply wanted to be treated equally

 

[ElleMD]

If they issue a right to sue, it means they did not find cause to pursue it but you are welcome to do so on your dime, if you can find a lawyer willing to take the case or want to do it alone. Their investigation is done at that point.

#'s 5 and 6 are the sticky wickets. It is going to depend exactly what those retaliatory acts were, what explanation your employer gives for them, and what evidence you have that they are in fact, in retaliation for having filed a claim. It also my have considerable bearing on #6. When you are under a LCA, it really doesn't take much at all to justify a termination. It doesn't mean you must commit an offense that would get another employee fired, it means you are already on thin ice and the bar to effect the termination is much lower. That is why you have the agreement and are therefore put on notice with the LCA. If they were wiling to take you back and not term unless the offense was egregious, they wouldn't bother with the LCA.

 

[army judge]

I suggest to all people who find themselves in the unenviable position of having their employment terminated to treat it as you would a breakup of an undesirable relationship.
It might hurt for a day or two, but you can't allow it to consume and eventually destroy you.
The difference being that most people can choose NOT to begin another relationship for weeks, months, or years.
The choice is solely up to you.

If you're terminated, of course you're hurt.
Being that most people MUST eat, pay their mortgage or rent, they also must work.
After a day or two of mourning in some cases, you must find suitable employment quickly.
Even if you get unemployment insurance, about all that can do is keep you fed.

If you happen to be sitting on that one case out of thousands that will eventually be a winner for you, it'll take you at least five years (often ten years) to get paid.
Even IF, you still gotta eat, feed the bulldog, pay the rent, and survive.
As I've said previously, its best on getting new employment first, then you can worry about a RTSL or a finding by the EEOC.
The employer will appeal, as its their right.
That alone will extend the time before you receive any money, if at all!