HowcanI tell if Ihave a case for employment discrimination or amI reading too much into the situation?

UPDATED: Dec 20, 2011

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HowcanI tell if Ihave a case for employment discrimination or amI reading too much into the situation?

I applied for a position but was told that I needed to train for 4 weeks first. After 4 weeks I was supposed to advance but I didn’t. The GM told the DM who hired me that I should advance since I already know the work. However, instead he kept hiring new people and had me train them. Weeks later he had me doing manager work and I was told I would get my title of manager that next week. Needless to say my numbers were higher than all the other manager’s. Well the next week came but he still didn’t give me the title or pay yet but I’m doing all the work of a manager. I asked him nicely to fix it. I’m his only Spanish employee.

Asked on December 20, 2011 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Federal law prohibits employment discrimination on the basis of, among other things, race. Many states, like NJ, NY, and CA, add additional categories that could apply to you, such as national origin. This does not mean that a, for example, non-caucasion Mexican employee cannot be treated differently or worse than other employees--only that he or she cannot be treated differently or worse on account of race or national origin. In practice, this may mean that if there is no other, non-discriminatory explanation for the differential treatment--in other words, there's no reason based on performance, or experience, etc., for treating the employee differently--then it may be illegal discrimination. If you think that may be the case--if you can't think of a non-discriminatory reason for your treatment--you should consult with an employment law attorney who can evaluate your situation in greater detail and advise you of your rights and recourse.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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