QUESTION
Can I sue for discrimination against my company?
Asked on Mar 07th, 2013 on Labor and Employment - Texas
More details to this question:
I work for a company now but soon I will be putting in my notice and leaving to go back to school, but here there are no minorities in upper management positions and out of the hundreds employed here about 20 are minority. It is clear to see the discrimination. I asked an employee there who is a minority who has been with the company for 15 years, why hasn't she moved up in the company she said "we" meaning minorities, don’t move up here... Nothing has been done to me directly. In fact everyone seems nice here, but the idea that "we" don’t move up in the company and there are only a hand full of minorities with the hundreds of others in a way seems discriminating. Would I have a case? Even if I leave for school, could I back track and sue? And is there a site I could go to, to actually get a census or chart of the actual race percentages at this company?
5 ANSWERS
Your question implies that you are not a minority, but you want to do this to help the minorities. If so, no, you may not do that. Only the injured party (the minority person) may bring this suit. Any one pursuing an EEOC claim should speak with an attorney that handles these cases. Most do not charge for the initial talk, and get paid only if you win. Mere racail imbalance alone is not discrimination. Companies are not required to be diverse, just do not discriminate.
Answered on Mar 08th, 2013 at 12:14 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You must report your claim to the EEOC or the Idaho Human Rights Commission. They will investigate. If they think there is discrimination, they will pursue it. Now as to the particulars, you must suffer an adverse action as a result of the discrimination. It doesn't sound like you have. The lady who has worked there for 15 years may have; she also may not be the type of employee who gets promoted. You don't know. So let the EEOC figure out whether there is discrimination. It is possible that the employer just doesn't have a large minority pool to attract employees. It is also possible that the employer goes out of its way to not hire minorities. Only an investigation will determine that.
Answered on Mar 07th, 2013 at 11:47 PM
Criminal Defense Attorney serving Philadelphia, PA
Partner at
O'Hanlon Law Firm, P.C.
If you feel advancement was affected, you can file with the EEOC or Pa. HRC now.
Answered on Mar 07th, 2013 at 11:04 PM
Without the name of the company it is not possible to answer your general question although the internet and/or government provides access to a lot of information. You, before you resign, and any minority coworkers should contact an employment attorney to review your potential race discrimination claim(s).
Answered on Mar 07th, 2013 at 11:04 PM
Bruce A. Coane
To preserve your case, it is always best not to resign. You should meet with experienced legal counsel to map out a plan, and, of course, if you suffered illegal discrimination, you can certainly pursue a claim.
Answered on Mar 07th, 2013 at 10:59 PM