What constitutes a case of racial discrimination?
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What constitutes a case of racial discrimination?
I was recently released from my job for a few reasons. Now the first instance that occurred was that I made a mistake in making 2 cashier’s checks from the wrong account. However the money was able to be returned to the account and I was not written up for the mishap. Then Saturday I balanced up my drawer, as requested, so that it would zero out. Well at the end of the work day when I balanced out again it showed that I was out $1,000. Now by company policy the employee that has this in their drawer has to be put on suspension while it is investigated. I was put on suspension, however, 2 days earlier another employee’s drawer was short that same $1,000 but nothing was done to that employee. As a matter of fact that employee is working at this time. I do understand that I was in my probationary period but rules are rules. Also, when I was put on suspension she claimed that there were 2 complaints against me. I was never contact before the suspension or written up for these “complaints.” So they tried to add that to the dismissal. When I was hired I was brought on because the company had no choice but to hire more blacks into the company or they would have to deal with BBB. This has been mentioned a few times especially from the woman who hired me. So do I have a case?
Asked on February 11, 2011 under Employment Labor Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First, forget out why you were hired--whether you were hired to provide racial balance or otherwise has no bearing on whether your termination was discriminatory. (Note: if you were hired because of your race, than arguably job candidates or applicants of other races who lost out to you because of your race might have a discrimination claim, but you wouldn't.)
Also, it does not necessarily matter that you and another employee were treated differently--employers are not under a legal obligation to generally treat everyone the same or fairly. What *would* matter would be the difference in treatment was for racial reasons. If the other employee was, as your question implies, of another race, then that *may* be evidence of racial discrimination, but other factors (length of service; probationary period, etc.) have to be factored in as well.
If you believe that you may be the victim of illegal racial discrimination, you should consult with an employment law attorney (many provide a free initial consultation). The issue of whether discrimination occured is very situation-specific; you need to discuss this at length, in confidence, with a knowledgable lawyer. Good luck.
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