Can this be considered discrimination in the workplace?

Question

I was walking through a common area about three months ago and I saw a "Ran out of...." board in the kitchen. It listed a product and underneath it, it said "mexicans". I was offended and took it to the company's HR director and they said that the person had been dealt with. About three weeks ago, I witnessed a fight between our security person and a vendor. After separating them, I had asked the security person to give me his side of the event. He told me everything that happened but left out the part that he struck the person and I called him on it. I saw that he had struck the person and I wasn't going to lie about it, especially since the police were called. I told him that I would not alter the incident report. He then said, "Well, you're going to write whatever you want because you'll protect him (the vendor) because you're MEXICAN just like he is." I was shocked that this had happened a second time and reported him. He was fired. I applied for a different position.

and it has been denied with the HR person saying the position has been filled. I find out today that the position has not been filled and I have been lied to. The person that supposedly been given the job knows nothing about it and is working somewhere else anyway. Should I consult an attorney about this or just let it go? Any advice would be helpful.

Just to clarify, the HR person really liked the security person that was let go. I believe she is very angry at me for reporting him and she is now blocking me from being considered for the new position.

Answer 1

I think that you should consult an attorney because that is discrimination on their part.

Answer 2

The security person was fired and you lost a security in the job; not a very rewarding payment for loyalty to the sense of "job security". Some people loose their job positions over less personal reasons,and many of them are not privileged to hire an attorney to fight for their offended personal views. protection can be bought for a high price this is true, and making the offender pay as a result will not make the issue of a personal offense to go away.

Answer 3

If you want to pursue this, talk to someone at the local EEOC office.

Since the company apparently did react properly to some of the incidents you mention, they did right on those even though obviously they shouldn't have happened in the first place, but that's not the company's fault. The only item really still in question is the new position, and you don't really say anything about your qualifications for it so it's hard to tell if you have a case there.

Answer 4

i dont think the situation is really that bad. i think someone telling you that he thinks you will side with someone with the same background is a natural assumption, not saying it is right and he should have kept his thoughts to himself, but it did not prevent you from a promotion, he didn't imply you are unable of doing your job, there really isn't any negative outcome for you so to get a lawyer and go to court is an excessive behavior and grandiose ideation in my opinion. the comment on the door would bother me more than someone letting me know that he feels i will support people of the same ethnicity. i think you over reacted about that. as for applying for a different position, and the company telling you the job was filled, it may have been and the hire didn't show up or worked one day, who knows but to imply that that was told to you because you are mexican is an assumption, similar to the previous guy telling you that you will side with the mexican. you would have to prove with evidence that it was racial discrimination and HR lying to you is a seperate issue and entire department (where i assume you do not work in) than the prior situations with racial content. do what you want but consider the workplace atmosphere when your peers find out esp. if you lose the case. beware my friend, good luck in whatever you do.

ps sorry so long.

Answer 5

Not enough to scream discrimination.

The company fired someone who made a racial remark to you...that fulfills their legal obligations.

You are NOT legally entitled to get another position in the company, just because you don't like your current job. Even if they put someone white in that position, it doesn't equal discrimination.

Be careful about throwing the race card around at work. It makes employers think you are just looking for a reason for a lawsuit, and employers are very, very good at finding legal reasons to get rid of you.

So far, you have reported two race incidents, they fired one individual and discipined another. You would have a hard time proving that your employer is racist in light of that.

Answer 6

I would definitely seek some legal counseling if you want to pursue this any further. From my experience being an assistant manager that would be considered discrimination, even if one person finds it offensive IT IS DISCRIMINATION. The sign should have taken down, if the matter had been dealt with in the manner it should have been the sign would not have been left up. And as for the security guard that was uncalled for. It doesn't matter what the other person was, all the facts needed to presented.

Answer 7

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