Can my previous employer make me apoligize for claiming discrimination?

Question

My employer told me some lies about why they gave a new guy of another race priority in which shifts he wanted to work. The problem is that they had me working second on Sunday, third on Monday and Tuesday, and coming in for second on Wednesday and Thursday. (I would get off at 7 a.m. on Wednesday AND come back at 3 p.m. the same Wednesday.) The new guy got to work thirds on Wednesday through Sundays. His shifts are the exact same ones that I was promised before he interviewed. Once the individual in question showed up for interview, he got the shifts he wanted, not me. I was given the excuse that it was b/c he had another job in which required him to have those nights. When I found out that this was a lie, I confronted my supervisor who then said that he would check in on it. When I checked back with him, he never did, but promised to do it. This happened several times. After almost falling to sleep behind the wheel in broad daylight a few times going to and from work, I felt like I had no choice but to quit. Now my employer says that I can go back, IF I apologize for claiming discrimination. I feel that by having to apologize, that this is like saying that I had no right to claim discrimination in the first place. Can they do this? What should I do?

Answer 1

i wouldn't in fact i would go talk to a lawyer. sounds to what he is doing is trying to cover his azz because he knows he caught if u apologize then he knows that u can't sue later on that. because u'll be admitting guilt but u went back yo him then yea he can make u do what ever he wants since he's doing a favor for u buy lrtting u come back but if he came to u first then no he can't

Answer 2

I think this is a reasonable request. If there really is discrimination going on, you need to file a formal complaint and not just quit. That's not the professional way to handle the situation and since you acted unprofessionally, it's fair of your employer to even allow you to come back, even if they are asking for an apology. I think you should probably not go back, though, because you sound very bitter about the whole thing and it might lead to friction between you and your boss down the road. It could be that the other man got the shifts that you wanted simply because you're the only one willing to work such a crazy schedule; might not be the nicest way for a boss to staff his business but sometimes bosses do things that are not nice for one person just to make the company run. That's not discrimination.

Answer 3

This is a personal decision for you to make depending on whether or not you want the job back. However, keep your relationship with the employer professional and amicable, otherwise it will reflect poorly when you seek other employment and your former employer is contacted as a reference.

However, under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is illegal to discriminate in any aspect of employment, including:
* hiring and firing;
* compensation, assignment, or classification of employees;
* transfer, promotion, layoff, or recall;
* job advertisements;
* recruitment;
* testing;
* use of company facilities;
* training and apprenticeship programs;
* fringe benefits;
* pay, retirement plans, and disability leave; or
* other terms and conditions of employment.

Discriminatory practices under these laws also include:
* harassment on the basis of race, color, religion, sex, national origin, disability, or age;
* retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
* employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and
* denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

If you feel you were discriminated against, contact an Attorney who specializes in Employment/Labor Law.

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