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What to do if a company is witholding evidence that could incriminate them

Discussion in 'Discrimination & Sexual Harassment' started by ZJhilltop, Jun 1, 2019.

  1. ZJhilltop

    ZJhilltop Law Topic Starter New Member

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    Jurisdiction:
    Pennsylvania
    I believe I have been discriminated against by my employer and they have evidence that might be able to prove it is there any legal document that will allow me to obtain evidence.
     
  2. justblue

    justblue Well-Known Member

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    In what way do you believe you have been discriminated against? What type of "evidence"?
     
  3. army judge

    army judge Super Moderator

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    A subpoena duces tecum (sometimes referred to as a subpoena for production of evidence) is a writ ordering a person to attend a court and bring relevant documents.

    However, only a judge can issue such a wonderfully powerful document, and such a powerful document isn't easy (or cheap) to obtain.

    A subpoena duces tecum isn't a mythical critter, it does exist.

    You might wish to visit three or four local attorneys, tell them your story, and see what you can learn.

    Most attorneys offer an initial consultation free of charge or further obligation.
     
  4. Tax Counsel

    Tax Counsel Well-Known Member

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    You'd first have to file suit against the employer. If you do that, then you could seek those documents through discovery, not a subpoena. Under both the federal and Pennsylvania rules of procedure the subpoena is used to get information from someone other than a party to the case. I agree with Army Judge that the first step here is to seek advice from an employment law attorney. Most will give a free initial consultation.
     
  5. ZJhilltop

    ZJhilltop Law Topic Starter New Member

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    All the new employees are black in my group of new recruits we had 5 black guys 1 white dude and 2 hispanics myself included after training myself and the 5 black dudes were the only ones remaining. While I was in training the traininer constantly mocked me and would always respond to something I would be doing much more seriously when one of the black dudes did the same thing he was much more sarcastic. When I was terminated they had me wait for two hours till the trainer got in there in the room were him and his two friends. When they terminated me I had brought up that I thought they were discriminating against me. They took offense to this. I called them up later and asked them for the names of the three workers who terminated me for legal purposes they refused to give me the information.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    It's illegal to discriminate against anybody because of their race. But you need to face reality here. Those laws were passed to protect minority races from discrimination.

    As of 2016 the population of the US was:

    White 233,657,078 73.3%
    Black or African American 40,241,818 12.6%
    American Indian and Alaska Native 2,597,817 0.8%
    Asian 16,614,625 5.2%
    Native Hawaiian and Other Pacific Islander 560,021 0.2%

    A lawsuit alleging discrimination because you are white is a non-starter.

    Give up the idea, collect unemployment, and find another job.
     
  7. hrforme

    hrforme Active Member

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    you mention recruits and training....what type of position was this? was this a government agency?

    If you feel there was illegal discrimination, your recourse is to file claim with the EEOC or your state level. You can consult a local attorney to see if they think you have a claim, but you would need to file to get the right to sue....but i have to agree you really haven't posted anything here that leads me to believe you have a solid claim. Being serious vs sarcastic? Having 8 recruits and 3 didn't make it through training leads me to believe this is a tough course.
     
  8. ZJhilltop

    ZJhilltop Law Topic Starter New Member

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    Bruh seriously yo I can't even comprehend your stupidity right now did you even read what I said. Im hispanic and while I'll admit to the ignorant american I look white but that doesn't matter. Also how come in your census you don't list Hispanics I get that we are a combination of multiple diffrent races but we are still on the census and were considered a minority. Another thing my mother is actually afro-Caribbean puerto rican .
    I've actually accepted reality that this country or atleast eastern and western pennsylvania cares way to much about the color of your skin and thats it's way too much to sue them but i'm still gonna try.
     
    Last edited: Jun 2, 2019
  9. ZJhilltop

    ZJhilltop Law Topic Starter New Member

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    I've been through eeoc they won't sue unless it's a wage dispute and again your not reading what i'm saying all the new workers that are being trained only the black trainees make it through the training and stay employed that is why I believe i've been discriminated against. I'm sorry man but the comment from the guy above you really pissed me off your comment not so much but why are you guys actually reading my comments or are you just browsing through them?
     
  10. hrforme

    hrforme Active Member

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    Yes, I've read your comments....I am actually a lady and been in HR for 20+ years and successfully defended 2 EEOC claims against my employer. EEOC doesn't handle wage dispute, the DOL or local state wage agency does that. Discrimination claims MUST go through the EEOC and it either leads to mediation, a suit by the EEOC if they believe they can win the claim or a "right to sue" letter that gives you 90 days to file a lawsuit. Do you actually have a "right to sue" letter from the EEOC

    "If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination. A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination. It requests EEOC to take remedial action.

    All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. There are time limits for filing a charge. The laws enforced by the EEOC require the agency to notify the employer that a charge has been filed against it...." from : Filing a Charge

    I am not sure where you are getting your information or knowledge. But only someone with the full details and facts can help you and that is obviously not us. You'd have to prove that no non-african-americans EVER passed training and all you have right now is your 8 person sample where 5 were AA to start with. If there are legitimate reasons why the 3 non-AAs didn't pass training OTHER than race, it's going to be a tough claim to move forward.
     
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  11. justblue

    justblue Well-Known Member

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    I suggest you behave in a civil manner if you wish to have the VOLUNTEERS of this site assist you. Army Judge is an Attorney/Judge by the way.
     
  12. army judge

    army judge Super Moderator

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    Hispanics are considered to be Caucasians, mate.

    Latin, Hispanic, etc applies to an ethnicity, not a racial classification.

    Anthropologists created racial classifications.
    There were but THREE such classifications ORIGINALLY: Caucasoid, Negroid, Mongoloid (commonly referred to as the races of mankind).

    During the middle of the 20th century the classifications were further refined:

    The mid 20th century racial classification by American anthropologist Carleton S. Coon, divided humanity into five races:
    Caucasoid (White) race.
    Negroid (Black) race.
    Capoid (Bushmen/Hottentots) race The Khoisan Peoples of South Africa: Bushmen and Hottentots .
    Mongoloid (Oriental/ Amerindian) race.
    Australoid (Australian Aborigine and Papuan) race The genetic history of Aboriginal Australians and Papuans .

    The are several groups protected from employment discrimination by law.

    These groups include men and women on the basis of sex; any group which shares a common race, religion, color, or national origin; people over 40; and people with physical or mental handicaps.

    Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on religion, national origin, race, color, or sex.

    At this time, employers and unions should be particularly sensitive to potential discrimination or harassment against individuals who are - or are perceived to be - Muslim, Arab, Afghani, Middle Eastern or South Asian (Pakistani, Indian, etc.).

    The oracle of employment discrimination laws within the USA:

    Employment Discrimination Based on Religion, Ethnicity, or Country of Origin
     
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  13. ZJhilltop

    ZJhilltop Law Topic Starter New Member

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    Hispanics are considered to be Caucasians, mate.

    Latin, Hispanic, etc applies to an ethnicity, not a racial classification.

    Anthropologists created racial classifications.
    There were but THREE such classifications ORIGINALLY: Caucasoid, Negroid, Mongoloid (commonly referred to as the races of mankind).

    During the middle of the 20th century the classifications were further refined:

    The mid 20th century racial classification by American anthropologist Carleton S. Coon, divided humanity into five races:
    Caucasoid (White) race.
    Negroid (Black) race.
    Capoid (Bushmen/Hottentots) race The Khoisan Peoples of South Africa: Bushmen and Hottentots .
    Mongoloid (Oriental/ Amerindian) race.
    Australoid (Australian Aborigine and Papuan) race The genetic history of Aboriginal Australians and Papuans .

    The are several groups protected from employment discrimination by law.

    These groups include men and women on the basis of sex; any group which shares a common race, religion, color, or national origin; people over 40; and people with physical or mental handicaps.

    Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on religion, national origin, race, color, or sex.

    At this time, employers and unions should be particularly sensitive to potential discrimination or harassment against individuals who are - or are perceived to be - Muslim, Arab, Afghani, Middle Eastern or South Asian (Pakistani, Indian, etc.).

    The oracle of employment discrimination laws within the USA:

    Employment Discrimination Based on Religion, Ethnicity, or Country of Origin[/QUOTE] I don't agree with that statement that Hispanics are white rather I believe that the spanish are white due to spain being in Europe. I have two problems with this first is the us census. In my jurisdiction Pennsylvania Hispanic is checked off as a separate race. Also again again my mother is Afro-Caribbean Puerto Rican or Black. While Puerto Ricans have be considered white regardless of what race they actually descend from look at reggie Jackson as an example Hispanics come in all different ethnicities the south and central American countries have a lot of Hispanics of Indian ethnicity while the Caribbean Spanish countries have a lot of black ethnicity due to slavery and the slaughter of the taino's.
     
  14. ZJhilltop

    ZJhilltop Law Topic Starter New Member

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    XD Um Mr. Constipation that was civil did you see me curse? So what if he's a judge or an attorney does that make him some sort of nobility that I can't say things that he doesn't like I'm sorry nobody get's that type of special treatment from me unless there paying for it. I'm going to have to read what I posted again just to make sure but I'm pretty sure that I just stated that I felt like his assumption that I was white was stupid and ignorant and that he didn't read my entire statement I don't see what is uncivil about that. But then again I've never really been that uptight maybe try eating some beans and rice.

    Edit: So I may have insulted army judge and I do apologize for that.
     
    Last edited: Jun 2, 2019
  15. cbg

    cbg Super Moderator

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    You got the best answers you're going to get in posts #4 and #7.
     

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