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  1. #1
    Join Date
    Apr 2014
    Posts
    2

    Default Can I Threaten My Employer with a Complaint to the EEOC

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

    I'm a man of ethnicity.

    Last month I complained to my boss about my boss ( yes the same person ) because I did not like the way he settled a situation that arose at work that complained to my boss about.

    I complained to by boss that I felt that the way that he handled the situation (that I complained about) was discriminatory and retaliatory against me because I'm a person of ethnicity.

    My boss took EXTREME OFFENSE to my allegations and proceeded to yell my head of. My boss yelled at me with such intensity that I thought I was going to lose my job on the spot.

    After my boss yelled at me, I complained to our HR department and implied that I was going to go to the EEOC.

    I complained about my boss around 30 days ago and so far there has been NO INVESTIGATION by HR.

    I know my boss broke the law. My boss and the HR department knows that I know my boss broke the law.

    So far it has been 30 days and I haven't decided to call the EEOC.

    I know that my boss and the HR department are really afraid that I will go to the EEOC because

    1) HR fixed my original complaint that I thought I my boss didn't fix to my satisfaction .

    2) My boss is really really sugary sweet to me in hopes that I will just let the issue go and not go to the EEOC.


    Recently my boss decided to send me to another shift that I don't like. Management switch people shifts whenever they feel it is necessary or business demands it.

    Because I know that management is terrified that I will go to the EEOC, can I threaten management by saying " If you send me to a different shift, I will call the EEOC" ?

    By threatening my employer like that, am I breaking any EEOC laws?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can I Threaten My Employer with Eeoc in This Way

    Because I know that management is terrified that I will go to the EEOC, can I threaten management by saying " If you send me to a different shift, I will call the EEOC" ?
    Trying to get yourself fired, are you?

  3. #3
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Can I Threaten My Employer with Eeoc in This Way

    I am having a hard tie understanding what you are going to go to the EEOC about, it sounds like HR already resolved the situation.

    I imagine that if you try to threaten them you will find yourself without a job and the firing will not be an EEOC violation.

  4. #4
    Join Date
    Apr 2014
    Posts
    2

    Default Re: Can I Threaten My Employer with Eeoc in This Way

    The reason I can go to the EEOC is because I complained about discrimination and retaliation and I got yelled at.

    The EEOC prohibits any kind of retaliation. Getting yelled at is retaliation.

    HR took care of the original problem I complained about but that still doesn't changed the fact that my boss screamed at me when I first complained.

  5. #5
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Can I Threaten My Employer with Eeoc in This Way

    Quote Quoting JohnDoe45
    View Post
    The reason I can go to the EEOC is because I complained about discrimination and retaliation and I got yelled at.

    The EEOC prohibits any kind of retaliation. Getting yelled at is retaliation.

    HR took care of the original problem I complained about but that still doesn't changed the fact that my boss screamed at me when I first complained.
    That would not be retaliation absent more. An "adverse action" does not include petty slights or annoyances. Getting yelled at a single time seems to fit in that category. (Depending on the exact facts.)

    You have not yet shown you are a "covered individual". When you say man of "ethnicity", what do you mean?

    That you are a man of "ethnicity" does not protect you from being handled in the manner the boss finds fit. It is when you are treated in a way because of your race (Or, other factors depending on the question above.) that a problem develops. Unless you had a reasonable, good faith belief the boss' handling of you in the original instance violated anti-discrimination law, your complaints about it to your boss would not be a "protected activity". Why do you think what he did violated the law?

    Finally, while threatening to file an EEOC complaint WOULD be a protected activity, using the threat to gain a benefit could very well be extortion. They cannot change your shift because you threaten to file, but, you cannot threaten to file because they change your shift. (Unless it is an adverse action taken because of your protected activity.)

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Can I Threaten My Employer with Eeoc in This Way

    "Recently my boss decided to send me to another shift that I don't like. Management switch people shifts whenever they feel it is necessary or business demands it."

    I don't see any case here.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Threaten My Employer with Eeoc in This Way

    You do not get to decide how or whether HR manages the situation. If you go to the EEOC, the first thing they are going to ask you is what you did internally to fix it. Once you acknowledge that the situation was fixed, they're going to tell you to run along home.

  8. #8
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Can I Threaten My Employer with Eeoc in This Way

    What law do you think your boss broke?

    There is nothing wrong with you threatening to go to the EEOC. There's nothing wrong with them firing you because they just don't like you either.

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