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  1. #1

    Default What Constitutes Racial Discrimination

    My question involves labor and employment law for the state of: TX

    Ok, so I know it is discrimination, but....

    I am not planning to take any action, but I have had many people strongly suggesting I should so I thought I would ask. I worked for a company that was recently bought out by another larger company that was primarily Hispanic. All of the existing non-Hispanic managers at the old company were immediately terminated and I was promoted to a Sr. level manager (with no experience to back it up). I was the 1 and only Caucasian manager in the entire company of 5000+ people. After a few months of being there, all of the meetings I attended switched to 100% Spanish speaking even though I was never told that speaking Spanish was a job requirement and everyone in the meeting spoke English perfectly. When I would ask what the current topic was, the other attendees would act like it was a big deal with many sighs, etc.

    Although nobody knew, I could understand a little Spanish and I would frequently here them telling jokes about whites and blacks. The frequent joke was about how (This is a direct quote so please don't hold it against me) "A bunch of wetbacks bought out a company full of gringo's and nig...". Well, you get the idea.

    I was let go within a year of the purchase. I was initially promised many things such as a guaranteed large bonus, health insurance and a company car. Some of the promises were eventually delivered, but nowhere near a timely manner and the bonus was only about 25% of what was promised.

    I was also frequently told to do things that I considered immoral such as write people up for stuff they did not do in anticipation of letting them go. I was only ever asked to write up Caucasian and African American people. Never once was I asked to do this for anyone Hispanic. There were also several sexual harassment cases pending for managers that reported to me, however they were all initiated against Hispanic people by Caucasian females and they were told by HR that they should let it go. I was witness to several of the actual incidents as well as the HR conversations with both involved parties. It was always about protecting the company and the Hispanic manager.

    Again, I am not planning to take any action. I never really documented anything that would be considered case-worthy. I could see the writing on the wall pretty early on and anticipated the upcoming layoff. I am just wondering, hypothetically, what could realistically happen should I choose to pursue this and I was able to produce documentation to everything I said here including recordings of the conversations for the Sexual Harassment cases and the meetings with all the colorful jokes (Reminder, TX is a one party consent State).

    Thank you.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Discrimination

    It does not appear the was any discrimination against you so you would not likely have a cause of action to file suit. You can file a complaint with the eeoc and let them deal with it from here.

  3. #3

    Default Re: Discrimination

    Ok. Thank you. I thought that since I was one of the "Gringo's" they were joking about, that would at least qualify. Just trying to understand, is it because I was not supposed to be able to understand what they were saying? It would not surprise me if they had a case against me for eavesdropping, lol.

  4. #4
    Join Date
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    Massachusetts
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    Default Re: Discrimination

    You can file a third party claim with the EEOC.

  5. #5
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    Default Re: Discrimination

    Quote Quoting cbg
    View Post
    You can file a third party claim with the EEOC.

    but does that benefit the OP?

  6. #6
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    Default Re: Discrimination

    It will if the EEOC makes them stop the Gringo stuff...

  7. #7
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    Default Re: Discrimination

    Quote Quoting eerelations
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    It will if the EEOC makes them stop the Gringo stuff...
    but OP is already gone.

  8. #8
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    Default Re: Discrimination

    Still he might get some satisfaction knowing it's stopped.

  9. #9
    Join Date
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    Default Re: Discrimination

    Quote Quoting eerelations
    View Post
    Still he might get some satisfaction knowing it's stopped.
    and that is the reason I suggested he might still contact the EEOC. When cbg posted, I was thinking maybe I missed something or misunderstood something.

  10. #10
    Join Date
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    Location
    Massachusetts
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    Default Re: Discrimination

    It may or may not benefit the OP depending on what is found during the investigation.

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