Are they any discrimination attorneys in Tucson, AZ that would consider working on a contingency-fee basis.

Did she put the employer on notice regarding her perception of discrimination? Was it in writing? Was there a reply? Generally speaking, an employer must first be given the opportunity to cure before liability occurs. Herbert Tan, Esq. E-mail: [email protected] Website: www.tanlaws.com The Mack Cali Building One Bridge Plaza North, Suite 275 Fort Lee, New Jersey 07024 (201) 849-4548 Manhattan Office 305 Broadway, 14th Floor New York, New York 10007 (914) 830-0215 Member of National Employment Lawyers Association (NELA)

The stakes here are high: University employment, most likely with civil service or civil-service type protections. It is absolutely critical to consider all potential actions very carefully and strategically. Your wife is presently employed. Although the law "protects" against retaliatory termination and other negative retaliatory employment processes, it does not PREVENT those acts. That is a critical piece of real-world knowledge for those who are employed. Second, focus on the specific vulnerabilities that are raised by the theory of discrimination here. A claim of national origin discrimination must be based on more than process of elimination or gut feeling. U of A has a number of faculty and staff of Latino-Hispanic heritage, many with strong accents. It will be difficult to meet the factual burden of alleging that your wife's national origin and accent are the reason she is not treated as a valued or respected employee when others of the same origin with accents are. It can be a dispositive and outcome-determinative fact if statistics will back up the university's demonstration of fair treatment to others of her same national origin. Next, re-read your own description of the problem here and note that even you do not seem to contend that your wife is being subjected to discrimination. Instead, you describe a scenario in which she works for a very unprofessional bad manager. You state: "...her boss uses the F word during staff meetings, threatens staff members AND my wife that they will get fired..." Hence, the complained of conduct seems to be extended to numerous employees, not just the ones that share your wife's national origin or accent. Unlawful discrimination is not the same as general rudeness, bad temper or unskilled and deficient management ability. If everyone in the meeting hears the bad language, if all or other staff get threatened with termination, then these facts tend to undermine any contention that this conduct is unlawful discrimination directed at your wife because of her national origin and language skills. The law does not protect employees from rude managers performing beyond their skill sets. It is also important to realize that no matter how painful or injurious the situation -- the crying, sleeplessness, and other consequences of this situation -- conduct that is not defined by the law as unlawful discrimination doesn't get prohibited as unlawful discrimination because it is so damaging or mean. Not every job is a good fit for every person. Getting fired may be a worse result than leaving under one's own power at one's own choice of time, or not. These are individual issues that must be decided by every employee. But don't go forward under-informed about the risks of making war on the employer -- a sophisticated, well-funded, and well-lawyered employer in this instance -- or with less than realistic expectations and ideas about the prospects for success. This will be a very hard slog, fought at every step of the way, and very painful for your wife. Talk first to an employment attorney before making even a squeak to the employer. The employee has never existed who is so perfect that the employer cannot in very short order find a clean opportunity to terminate.