Should I file against my employer based on the results of my race case?

Status
Not open for further replies.

desertfox

New Member
I have a long complaint to thread in here but I will make it short and sweet. I had a bid for this group in my company to be in management twice, with both times being unsuccessful. Both times I was recommended by my manager. First time, I was interviewed and found out I didn't get it. Their reason was I didn't project myself as being a leader. So I took this as constructive feedback. Fast forward 8 months later, my manager again recommended me to the same group, same folks interviewed me and I still remember the feedback given earlier in the year so I adjusted myself to look like a leader during the interview. On the same day after this interview, my manager called me in his office and congratulated me on doing good in the interview and the interviewers told him that they were impressed how well I did and I heard a voicemail from the interviewers that they want to take me in the group. 2 days later, my manager again calls me in his office and said that not to be excited yet, since I heard another voicemail from the interviewer that their upper management decided to interview another person they overlooked. I thought this was strange. Fast forward 2 weeks later, I got a notice from HR that I didn't get it. I am of X race and there were 3 vacancies and they ended up hiring Y and Z races only (I dont think they hire X race based on their organization chart, they seem to only put Y and Z races in their group as managers). Basically the person they decided to interview in the last minute got the job over me and he is of Z race. So the 3 positions that were filled were Y, Y and Z race.

THis was disappointing, so I filed a racial discrimination case internally with the Ethics and Diversity against the upper management of that management group stating they dont hire X race. I also stated that I see a pattern in their organization chart that there is no X race in management. During this investigation I think I found a smoking gun which I wanted to share with the internal investigator (which was ignored), I found this document written by the VP of the entire business unit of my company how X race are perceived in the corporate world and all the biases along with it. Basically in that document, to summarize it, X race are not veered as leaders and if we were put against a white person in leadership, the white person would get if first, also we are viewed as an ignored group that keeps our heads down and does not complain, afraid, timid, indecisive, and we are followers and not leaders.

Fast forward 2 months later, the internal investigation unit came back to me and said they found no evidence of racial discrimination. The reasons, based on their investigation, interviews of persons of interest and fact finding, was that the applicant selection process for promotions is not yet consistent and still fairly new to the department and they are sorry I had to take the pinch and the other guy of Z race got it over me. Also they said that my managers unrecommended me (How can you recommend somebody for a promotion and then unrecommend them? Doesn't make sense). I also found out that one of the investigators used to work with the management people (interviewers) which I see as conflict of interest.

It looks to me that the management group (the interviewers) is shifting back the blame on my managers that they were the culprits of why I didn't get the job so that they (the interviewers) can free themselves of liabilities of racial discrimination. The investigator also told me not to bring up this issue with my management for it will be viewed as retaliation on my part and just to keep working with them and do business as usual. I think the answers by the internal investigation are BS. They exist to protect the company and are not neutral as they declare they are. Before I make any moves, I wanna cover all my bases and get opinions from any reader of my thread, even some advice on things I can add to my case regarding my facts. Should I file with my state agency (FEHA) and EEOC?
 
Last edited:
I have a long complaint to thread in here but I will make it short and sweet. I had a bid for this group in my company to be in management twice, with both times being unsuccessful. Both times I was recommended by my manager. First time, I was interviewed and found out I didn't get it. Their reason was I didn't project myself as being a leader. So I took this as constructive feedback. Fast forward 8 months later, my manager again recommended me to the same group, same folks interviewed me and I still remember the feedback given earlier in the year so I adjusted myself to look like a leader during the interview. On the same day after this interview, my manager called me in his office and congratulated me on doing good in the interview and the interviewers told him that they were impressed how well I did and I heard a voicemail from the interviewers that they want to take me in the group. 2 days later, my manager again calls me in his office and said that not to be excited yet, since I heard another voicemail from the interviewer that their upper management decided to interview another person they overlooked. I thought this was strange. Fast forward 2 weeks later, I got a notice from HR that I didn't get it. I am of X race and there were 3 vacancies and they ended up hiring Y and Z races only (I dont think they hire X race based on their organization chart, they seem to only put Y and Z races in their group as managers). Basically the person they decided to interview in the last minute got the job over me and he is of Z race. So the 3 positions that were filled were Y, Y and Z race.

THis was disappointing, so I filed a racial discrimination case internally with the Ethics and Diversity against the upper management of that management group stating they dont hire X race. I also stated that I see a pattern in their organization chart that there is no X race in management. During this investigation I think I found a smoking gun which I wanted to share with the internal investigator (which was ignored), I found this document written by the VP of the entire business unit of my company how X race are perceived in the corporate world and all the biases along with it. Basically in that document, to summarize it, X race are not veered as leaders and if we were put against a white person in leadership, the white person would get if first, also we are viewed as an ignored group that keeps our heads down and does not complain, afraid, timid, indecisive, and we are followers and not leaders.

Fast forward 2 months later, the internal investigation unit came back to me and said they found no evidence of racial discrimination. The reasons, based on their investigation, interviews of persons of interest and fact finding, was that the applicant selection process for promotions is not yet consistent and still fairly new to the department and they are sorry I had to take the pinch and the other guy of Z race got it over me. Also they said that my managers unrecommended me (How can you recommend somebody for a promotion and then unrecommend them? Doesn't make sense). I also found out that one of the investigators used to work with the management people (interviewers) which I see as conflict of interest.

It looks to me that the management group (the interviewers) is shifting back the blame on my managers that they were the culprits of why I didn't get the job so that they (the interviewers) can free themselves of liabilities of racial discrimination. The investigator also told me not to bring up this issue with my management for it will be viewed as retaliation on my part and just to keep working with them and do business as usual. I think the answers by the internal investigation are BS. They exist to protect the company and are not neutral as they declare they are. Before I make any moves, I wanna cover all my bases and get opinions from any reader of my thread, even some advice on things I can add to my case regarding my facts. Should I file with my state agency (FEHA) and EEOC?


You are free to file a complaint with any governmental body.
You might even get an EEOC 'right to sue" letter.
From the fact pattern you provided, I see no prima facie case of unlawful discrimination.
Employers, as do we all, have the right to discriminate; insofar as that discrimination does not break the law.
In your case, I see nothing more than your employer's agents choosing differently than you would have liked.
 
Last edited:
What pattern do you see that my case in not unlawful discrimination? I presented facts, even smoking gun evidence..
 
What pattern do you see that my case in not unlawful discrimination? I presented facts, even smoking gun evidence..

You aksed for a legal opinion, I provided you with one.
If you believe you can win, you don't need opinions.
You need to get busy bringing the power and fury of a lawsuit!
 
I read some other forums on the net regarding racial discrimination cases that don't win and for some, the plaintiff was ordered by the judge to recover attorney fees incurred by the employer but my employer has a law department (so most likely they won't need a lawyer), but in case they do go outside and hire lawyers this is the last thing that I want, but I want to make it known to the EEOC and FEHA of what's going on. Thanks for your opinion and want to apologize if I misunderstood you.

Thanks
 
Status
Not open for further replies.
Back
Top