Race Discrimination - Part Deux

Parabeagle

I love it when the stars are in alignment, God is in his heaven and all is right with the world.

You might remember I had to go to Alabama to investigate a race discrimination claim a week or so ago? Today I get a Notice of Dismissal on the charge from the EEOC, which had me doing an Irish jig in my office. Dig down further in my in-basket and I find that the Charging Party also didn't prevail on her UI claim!! Now, if I can just last the next 90 days until the Right to Sue expires...

Is this a great country, or what? x:-)

HRQ

WOOHOO! What a great way to kick off your weekend! Those nagging thoughts about the claim won't be able to sneak into your thoughts and ruin your weekend, now. (Or will you spend your weekend working, catching up from being in AL?)

CONGRATULATIONS!

Parabeagle

Thanks, Lori. Wish this Forum had a high-five emoticon! x:-)

mwild31

Awesome news Parabeagle! I didn't know you spoke French x;-)

ray a

Congrats, Beagle. I won my big IU case last month concerning the former ee who claimed he didn't understand English. The judge saw right through him - especially when the interpreter turned and explained everything the judge had just said using English, not the claimant's native language. What a hoot.

Shadowfax

Holy Cow Ray! Who hired the interpreter? Why, what made hime do that? That is such a good story you must tell us more!

ray a

I first posted about this in the HR-de-har-har section last month. We had an Asian minority who about a year ago decided to take a seasonal construction job in Boston because we didn't have any OT at the time and he needed the extra cash. Only he wouldn't admit to us why he had asked for a leave of absence. He had about 2 weeks of vacation left which he used then requested the LOA when that was gone. We suspected he was working out of state, but I could not get him to admit to anything other than he needed time off to take care of family business. I sent him the LOA paperwork with a deadline when they had to be returned. They came about 4 days too late, so we considered it job abandonment. We waited the 3 days of no report then considered him to have resigned. When he applied for UI I challenged it and he was turned down with the added decision that he had to reimburse the state $1500 in back UI payments. Six months later he appeals the decision. Must have been our local UI judge was backed up because the case was assigned to a judge 90 miles away. He arranged a 3-way telephone hearing.

Well, during the hearing the former ee claimed he did not understand the judge's directions. So, the judge closed the case and instructed the former ee to acquire an interpreter then he could reapply to have the case opened. Funny, we had used him as an interpreter in the plant. I had talked to his SO, who was named "Jane" or something like that and spoke English as if she had lived here her entire life which she probably did.

A month later I receive another invitation to be available by phone for a hearing, this time with a judge from Albany (watch out for people from Albany, NY). He gave the opening instructions and asked several times through the interpreter (named Jeff) if the former ee understood. Each time, the answer was yes. He had me give my statement in which I stated the facts as I saw them. The judge asked the interpreter to reiterate what I had said to the former ee. We could hear the interpreter turn to ee and explain in English everything I had said. The judge must have heard it, too. I was using the speakerphone so my boss could listen in and we both almost cracked up.

Then the judge allowed the ee to make his statement. The judge proceeded to ask him questions and never even allowed me to say anything else. I realized from the tone and direction of his questioning, anything I said could only potentially hurt my case. We had been told we could each make a closing statement, that was not done. TWO DAYS later I received the written confirmation that I had won. The judge probably had it written up by the time he hung up from talking to us.

That's my story. I wish they were all that easy.

Parabeagle

Great story, Ray. Never underestimate the capacity of people to be unbelievably stupid.

Leslie

Congratulations Beagle! The great state of Alabama did good by you!