black ctl's are being schedule three and four time a night closing, when white ctl's are only closint one at night closing. white ctl's are being schedule weekend off, when black ctl's are not. I've tried to talk to the managers about, and was told that I would'n't worry about the schedule if I was you. I know this souds petty, but there's a lot more of this same kind of mess going on. What so bad about it, is the managers get mad at you if you don't set and take it. They won't give the raise you deserve, they find so that happem last just to find a reason not to give you a raise. What can I do?
I am a California attorney and cannot give legal advice in your state. My comments are for information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT PROVIDE SIMILAR OR GREATER PROTECTION. If I refer to your state's laws, do not rely on what I say; I just did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state.
I'm sorry to hear about this. Race discrimination is a serious problem in our country, and in certain states -- like Texas -- in particular.
The answer to your question "What can I do?" will turn on specific facts. The board is not really set up to handle the kind of detailed analysis that is needed in your situation. works best for short, specific questions that allow for short, specific answers. Perhaps more importantly, anyone can read the discussions on so they are not confidential. The employer or whomever is involved in the dispute with can read everything written here.
Your situation implicates a combination of law and strategy. The best option is to consult with an attorney who can help guide you and discuss strategy, but this kind of consultation is usually fairly expensive (about $1,000). If you have specifics showing different treatment of blacks and whites, you can file a discrimination charge and hope the EEOC has the resources to properly investigate it.
Many people misunderstand the meaning of employment discrimination. “Discrimination” does not mean an employer has to be fair, respectful or has to make good decisions. Workplace discrimination means the employer treats one person or group differently from others who are not in the same group, but are similarly situated.
The only workplace discrimination that is illegal is discrimination that is against public policy. Public policy refers only to things that are specifically prohibited by a statute (law) enacted by the legislature, or prohibited by a regulation promulgated (established) by a government agency. Under federal law, public policy includes statutes prohibiting discrimination against people in specific protected groups, which include sex, race, national origin, disability, age (40 years and older), religion, marital status, pregnancy and genetic information. Sexual harassment is considered a form of sex discrimination. There is no federal protection for sexual orientation discrimination, but many states provide this protection.
Public policy also protects people who blow the whistle on a matter of public concern, complain about improper wage and hour practices, and a few more rights protected by statute.
An employer cannot change terms of employment or fire an employee if the reason for the change is against the law (against public policy). For example, an employer cannot increase your workload because of your race, sex, national origin, religion, etc. or because you blew the whistle on safety violations.
There are various ways to enforce these rights, depending on the particular public policy involved.
For more information on employment discrimination, please see my guide on this subject: http://www.attorneyqna.com/legal-guides/ugc/what-is-unlawful-employment-discrimination--federal-law?published=true.
Balanced against this is the general doctrine of at-will employment. Please look at my guide to at-will employment which may help you understand your rights now and in the future: http://www.attorneyqna.com/legal-guides/ugc/an-overview-of-at-will-employment-all-states.
Employment law is complicated and fact specific. You may wish to consult with an experienced plaintiffs employment attorney in your state. To find a plaintiffs employment attorney in your area, please go to the web site of the National Employment Lawyers Association (NELA). NELA is the largest and most influential bar association in the country for attorneys who represent working people. The web site is www.nela.org.
There may be organizations in your state that focus on racial discrimination, such as the NAACP, or others, and will help you consider what to do. Start working the phones.
I assume you do not have a union, as that would have been the first place to start. Unions may be of some help, at least they could refer you on.
And you can pool some money among the affected employees for legal assistance.
