discrimination at a University towards employee

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Harley94

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I have worked at a local college for close to 3 years along with several more on the same crew who do various jobs required to keep up the campus all year. I am trained and skilled to drive any piece of equipment and have proven my expertise when asked. A particular co-worker has worked there much longer than I have, he weighs close to 400 pounds so he can barely fit in some of the equipment, but was recently trained on the equipment and promoted to Operator 1, which is a pay grade above me. A position came available with a possibility for a promotion, I was told I should apply for it due to my skills, but every time my boss asked me to get in one of backhoes this certain co-worker became angry and petulant assuming he should be operating it and he basically didn't want me running any equipment. It takes this other guy 10-15 minutes just to climb in and out of the equipment, and he is painfully slow and unskilled as well, and turns what should be a quick, easy and efficient job into an endless all day issue.
This co-worker and the rest of the crew spend more time hiding from work, than actually working, while I bust my butt all day in the trash truck, emptying dumpsters, doing recycling, and working my full 8 hours in the rain, snow, cold and summer heat. On most days the trash is usually overflowing and no one wants to do it, unless it looks to be an easy day and they were given an actual job to complete, then they want to 'give me a break from it'.
I can't tell you how many times I drive past these men, and they are either standing around, or sneaking around spying on me, or sleeping in the shop, or scattering when they see me walk up. One of them failed a drug test close to 2 years ago, his job requires him to drive, they took his license, and he is not allowed in a vehicle with others while working, so he sits all day in the shop, playing on his phone, collecting a paycheck while we do his job and ours. He claims if they try to fire him, he will sue them for discrimination because he is from Spain. So he is basically holding the University hostage to keep his job and it's working.
When I come in from working all day, knowing they haven't done anything all day, I don't hesitate to speak my mind, they are lazy and I am not afraid to tell it like it is. I told the supervisor I wouldn't pay them 50 cents a day but I am the bad guy for speaking the truth? If the boss gives them something they don't feel like doing they whine until they get out of it.
I can list numerous times that I have entered the shop only to hear them in the bosses office telling lies about me, and I walk in and get to the bottom of the situation, with everyone together and then the real story comes out, nothing close to what they were telling the boss, but it has been occurring for 2 years now, and I have learned to pay attention and make sure the boss gets the whole story, the truth.
These lazy crewmembers recently had 'secret' meetings about me where they created false accusations against me, to intentionally get me fired or at least have me written up so I would lose my chance at the promotion. One such accusation was that I was driving recklessly in the trash truck on campus. If this were true and if my supervisor was actually made aware of it when it allegedly occurred, I should have been immediately taken off the truck, administered a drug test and written up at that point, but nothing of that nature or mention of any incident was ever brought to my attention. Additionally, my supervisor would be liable if he knowingly allowed me to continue to drive dangerously once these accusations were made.
I was called into the office this past Monday, given a written warning, which means I lose any chance at the promotion. All of this is directly related to the falsified statements about me. I wasn't given an opportunity to defend myself, nor was I shown proof of any wrongdoing that I was being accused of. Cameras are all over the University, yet I was not shown any evidence of my reckless or dangerous driving, or shown evidence of any of the accusations made against me. I was called a bully and told that I intimidate them although I am maybe 1/3 of their size. The write up is vague without dates, times, places, witnesses or proof of any sort. If what they claim occurred, all of these points would have been presented on the write for support.
Friday morning, I went into work, and I see 2 of the crew who are making these claims against me, going back in the HR office with their little notebooks, and they spent for 4 hours in their office, which makes it look like retaliation since I didn't do what they had hoped after I was written up. I didn't come back to the shop, call anyone out, ask any questions, I just did my work and acted normal. They wanted me to go off, so they could fire me and when I didn't do that, I was approached a couple days after the write up and told to "not let it eat at me" by my supervisor. I told him it was and it would eat at him too if they all lied about him to his boss and that he knew it was all fabricated. He nodded his head in agreement when I said he knew it was all lies, and he knew about the secret meetings. He couldn't even look me in the eye.
Not once did any person in the chain of command ask the one crew member that I work with 8 hours a day, every day, if any of the accusations made against me were true to his knowledge or if he had any issues regarding my work or me personally.
Also very pertinent to this issue is that this same person who works with me 8 hours a day, the only witness to my innocence, was completely ignored and overlooked regarding his thoughts and opinions about me, and he happens to be the only black person on our crew. That could be deemed blatant racism and very real discrimination towards a State University employee. He is also more than willing to come forward and discuss this highly sensitive topic. In fact, he is quite angry about being the only person that was left out of the equation, and believes it's directly related to his race.
I believe I am being discriminated against due to my prior criminal history, my long hair, tattoos, and outgoing and honest behavior towards people who refuse to work and who get angry when I speak the truth. If they don't have to work a full day and still get paid, why do I? I lost my chance at a promotion directly related to falsified accusations which is now on my permanent record, but should have been shut down immediately if anyone in the chain of command had taken a minute to ask the one person who works with me all day, if any of this were true and could vouch for me, but his opinion, being a man of color, was not important enough to be considered pertinent. This one person who is with me all day, confided that when he started on our crew 11 months go, the same ones who are trying to have me fired, told my co-worker to stay away from me, I was bad news, and they were trying to get rid of me and he had better get on board with them. Maybe that's why they didn't ask him if he could corroborate their lies. Then again, maybe it is a racial thing.
If I lose my job over this, what recourse do I have if any? Is there a case anywhere in here? I have many more examples if you require them, too many to list here. Thanks for your time.
 
We can't help you.
Your case is far too complicated for our little discussion forum.
You need to hire yourself a lawyer.
You can talk about your situation for free with most lawyers during the initial consultation.
Good luck.
 
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