Discrimination

Rebecca

[font size="1" color="#FF0000"]LAST EDITED ON 09-20-02 AT 09:27AM (CST)[/font][p]I am the supervisor for several employees. My employees are all African American female except for one employee she is white. She came to me yesterday and said she is filling a discrimination law suite. I ask her why. She told me that she has been pulled aside by other employees and was told they don’t like her working here because she doesn’t fit in.

Also, we have a cafeteria, lunches are distributed to the children who attend the school. All of the staff members eat the remaining food. She was told to ask for permission to eat the remaining food when other employees just go in and grab what they want, this request was backed up by the human resource manager.

Based on this information can she file a discrimination law suite?

Susan Fentin MA

Rebecca, what is more significant here is that you as a supervisor have received information regarding a complaint of harassment based on race. You should report this complaint to your supervisor and/or human resources immediately and encourage them to investigate. If the employee is being treated differently from other, similarly-situated employees because of her race, she has a basis for filing a discrimination lawsuit. It may very well be that your employer has a legitimate, non-discriminatory reason for her different treatment, but regardless, your company should investigate, get all sides to the story, and stop any discriminatory practices immediately. Your HR person should check with legal counsel if he/she has any questions. Good luck.
Susan Fentin, Esq.
Associate Editor
Massachusetts Employment Law Letter
Skoler Abbott & Presser
[email]sfentin@skoler-abbott.com[/email]
(413) 737-4753

Rockie

To answer your question, this individual would most definitely have a very viable discrimination lawsuit. For the life of me, I cannot understand the stupidity of the HR person thinking this was appropriate, much less the other employees!

Don D

Alternatively, rather than put herself through all the mental anquish and stress (which she will also carry home with her daily), I hope the outcome will be that she will simply not show up tomorrow because she is involved in a job search. Under no circumstances would you recommend this to her though.