Should I have to apologize 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

wot do u think?
PS: NO essays PLEASE

Answer 2

The problem here is you quit. Should have stayed and argued your point. However, if you can document or in some way prove it was discrimination then you ought to disscuss it with an attorney.

I understand your being pissed, but honestly I think there is too much crying of discrimination these days. Maybe they just do not like your work or thought this guy was a better fit for the job. Just because we disagree with something our employer does doesn't make us right or them wrong.

Answer 3

Do you need the job? If you need this job, then swallow your pride and apologize. In the big picture, this is small stuff. You know what else? As you go through life and constantly try to pin down your boss, you may be right in principal, but end up losing in the long run since you pissed off your boss and she won't be doing any favors for you down the road. Cut your boss some slack. You need to be a man and allow others the courtesy of making mistakes (as you perceive them). Do not put anymore energy into this and go get your damn job back!

Answer 4

No, you shouldn't have to apologize. If it felt like discrimination, and the facts as you state them seem to point in that direction, you had the right to claim it. If you want to go back to the job, or need to, tell your employer that you are not going to apologize for stating what you believed in. Rather, you might suggest to him that a local journalist would find your situation quite interesting, as would a local community or civic group that could choose to boycott this place of business. If you don't want to play hardball with your employer, just remind him that discrimination is illegal and you would like to provide him with another opportunity to prove that he abides by the law.

Answer 5

I recommend that you never apologize if you were right. AND, if you were right, you should not only NOT apologize, you should sue them for discrimination AND your job back. If they do practice discrimination, then a good lawyer will not only get you a settlement, IF YOU DOCUMENTED, they will get you your job back, remove the jerk who is discriminating and justice will be better served in the long run. You might also consult with a lawyer, and end up forcing him to apologize AND give you the job back. I know it might seem uncomfortable to work at a place where you sued them, BUT they will be banned from taking reprisal, and it is kind of a golden parachute too. The legal folks might not phrase it like that, but that is what it could be.

Answer 6

If you feel that this was discrimination, then don't apologize, unless you really want this job. By apologizing, you are admitting that you were wrong, and that the company doesn't discriminate. I'd check with your state's Commission Against Discrimination, and also the Federals Commission as well. If you can prove what you claim, you may have the basis of a Civil Rights lawsuit.

Answer 7

Your employer cannot force you to apologize.

There are certain "protected classes" of people that if they are treated disperately, can be considered discriminated against: race or color; religion; national origin or ancestry, physical disability; mental disability or medical condition; gender; age, with respect to persons over the age of 40; and pregnancy. That is from http://www.finduslaw.com/taxonomy_menu/12/23

If you fall into one or more of those "protected classes" and you truly feel that you were discriminated against because you are a member of one of those classes, then you may have a case.

I suggest that you contact the people at http://finduslaw.com and ask them for Employment Law advice: http://www.finduslaw.com/contact

Answer 8

sounds like he is trying to clear himself or the company from a discrimination lawsuit, even if you are wrong or do not win, the average cost of such lawsuitss is about $90K, so he might be hedging his bets. You might be able to file under "force resignation under duress" or something similair, but personally if you have left such bad blood ( which is why you ALWAYS quit on good terms ), you'll be the 1st to be fired in the event of work slowdown ( and then they will cross their T's and dot their I's to make sure the lay off or firing is lawsuit proof ), so with all lthat why would you want to go back?
keep also in mind in small towns, business people tend to talk privately amongst themselves and good and bad employees are one thing they mention. so in the future always keep upbeat about your work, even in the even of discrimination, NEVER get emotional over such issues, if you must file a suit or a complaint, do so queitly and in the background, meanwhile all the while smile as you work, todays networks are tomorrows future job leads / prospects.

Answer 9

If you are in a union call then now, This is discrimination on you and You have the sinorty, so as far as I'm concerned, you should run this one up the flag pole and see what happens if they fire you the call your lawyer and you'll own that business. There in the wrong and don't let them tell you any diffident, and do not apologize for what you believe in, that's like me saying that all the Jewish people should apologize for kill Jesus. I mean come on this crap has to stop now and it is up to people like you and me to make this happen. Good luck.

Answer 10

i don't think you should apologize for anything that you feel so strongly about. i do feel you should go back to the job, have a face-to-face with your employer. you can give an insincere "sorry for the misunderstanding". but NEVER apologize for your FEELINGS.

Answer 11

If you need your job back then yes I would apologize but if not, screw em! Good luck on your next job~