QUESTION
Is my boss being cautious or retaliating for me filin a OSHA complaint?
Asked on Nov 13th, 2013 on Labor and Employment - New Jersey
More details to this question:
I was being called Jose b even though it's not my name. When I complained to my boss about it he stopped but then stopped talking to me and giving me training opportunities. After he hired a new employee and started training him for the position/training I was being offered before complaining, I asked my boss why am I not being given opportunities to train/pay raises. He told me I'd have to start at the bottom which I did and the new employee didn't. He went straight to learning the cnc machines. And I'm stuck with my boss not talking to me because I asked about why the new employee was being given preferential treatment ahead if senior employees. Also we went through 3 months without hot water, I repeatedly asked my boss to correct the problem which he never did. I filed a complaint with OSHA and now we have hot water but I'm still being ignored,bypassed and forgotten. What can I do?
1 ANSWER
4 Awards
If your boss was calling you Jose because you were Hispanic, instead of your real name, then his actions against you once you complained about him calling you Jose might be retaliation. This would allow you to file a charge of discrimination, or go to HR to complain about retaliation. This assumes that his calling Jose was a form of national origin discrimination.
If the actions against you were based on your complaint to OSHA, that would also be retaliation but would require you to file a charge either with OSHA or in court for retaliation, or also go to HR if you prefer.
Since retaliation for effectively complaining about discrimination involves a different law than retaliation for making a complaint to OSHA, you may need to determine which complaint was the more likely cause of the actions against you. If you feel that both of these complaints contributed to the actions against you, you can file a charge before 2 different agencies.
You would need meet with an attorney who better determine which remedy you should follow.
Answered on Nov 13th, 2013 at 3:44 PM