My question involves labor and employment law for the state of: CA
I feel that I am being discriminated against because I am Latino. In February 2010 I took the initiative and asked the owners of the company to be considered for the open sales position in the company since I have been employed for 2 yrs here and have 10 years of sales experience. One owner told me that he sees me as “more of an inside/operational person even though I dress nice”. They also said I wouldnt be interested in the sales position since the ideal candidate should be: someone that may not be as smart as me, someone who lives in the immediate area of the sales territory (which is 30 miles away from my home) and someone that is younger and has industry experience. ( I am 38 yrs old). The discouraged me from Wanting this now horrible sounding sales job. I left the meeting asking them to consider me for any sales position since I have several years of sales experience as listed my resume. They said they will “put something together for me”. Shortly after, the owners’ hired a younger white-male, that doesn’t have industry experience and lives 10 miles closer to the sales territory that I do and two white males with industry experience were hired for other open sales postions. These two employees have now been sent to company training which i have been asking for myself but so far they have not sent me to indepth training.
Instead I am stuck working on IT. I have not formal education in IT but I stepped up to the plate for this company since no other employee wanted to tackle IT support. In my current position I have come across several company emails where two owners of the company, have referred to certain employees with racial and ethnic derogatory slurs. I came across an email where I was referred to as “Cheese line” meaning, I should go back into poverty. The owners have also referred to women using derogatory slurs in email and verbal conversation when others are around. One owner sent an email to the other owner stating that he will take a particular female employee’s head set and will rub his genitals all over the headset after she leaves because he was upset at her. I have printouts of these emails. Our computer server also has a back up copy of emails. The owners frequently and maliciously mimic our customer’s accents/speech patterns such as Latino, Middle Eastern, Asian etc. When one of the three owners motioned to the two owners to stop their inappropriate actions, one of the owners said “oh hell, they are just ****ing Mexicans” meaning me and my coworker shouldnt be offended since we are Mexican Americans and he was making fun of Middle Easterners. In email print outs two of the owners refer to groups of employees as FLM’s (f-ing lying Mexicans) and FTN’s (F*&% that N-word). They even referred to President Obama as “FTN” and refer to some women as “dumb B-word”. I and a co-work overheard one of the owners refer to Mexicans as “Cockroaches flooding over the border”. I and a Latino co-worker feel they we are targeted to perform office clean up, unload deliveries and shipments because of our race (Latino). We are afraid of being fired or being retaliated against if we bring up our concerns to the owners since they are the ones committing this behavior, have the ability to terminate us, and I have noticed that most people that were fired or quit were minorities . I have noticed that employees that were fired or have left the company have mostly been replaced with non-minority people. I have printed emails where two owners referred to a couple employees who they were preparing to fire for poor work performance as “nappy haired, black ass” and as “a maids to dust my bookshelves”. The employees were terminated for too many unsatisfactory work performance evaluations on record but it makes me suspicious about the motives behind their firing. I suspect that there is racial bias and discriminatory practice if the poor work evaluations are mainly given to a racial group. Minorities are targeted for write ups and verbal warnings (double standard). Last week the owner was talking to someone and said "this f-ing Mexican doing my IT is a F-ing Lying Mexican and I am going to bust his ass". He knows I am not an IT trained Pro and It takes me a long time to fix computers but he thinks I should fix computers in minutes or something?? I want to sue him for everything I can!
Also I do not know if it is illegal or fraud is involved but there is a person on our payroll that doesnt do work for the company, insteady the person is a personal nurse for one of the owner's disabled children. Is this tax fraud and insurance fraud since the nurse is now on our benefits plan?
The owners tell some employees to expense their personal trips and make them look legit business expense. They buy some employees new suits but when I asked if I could expense a suit jacket for a convention where it was made mandatory to wear one, they said "No"
There are many other instances and actions carried out by the ownership of the company which I feel are discriminatory against race, gender and perhaps age and I have it on all on email records. I don’t know who to turn to since my supervisors’ are the owners of the company. I have tried calling Administaff Inc who handles payroll and insurance and they have an EEOC liaisons but it seems that they are hard to get a hold of and they try to reach me during working hours. Plus my employer is “Their Customer”. Can you please help me? I am under so much stress fear over this. I can’t remember the last time I smiled at my children or slept through the night or didn’t panic as I pulled up to the office or didn’t work after hours to catch up on my work load that the owners know was meant for 2-3 employees however they are making me do this work.