Q: I believe I’m being discriminated against by my manager at work. Should I seek legal help?
I am the only black employee at the company and am being excessively surveilled/scrutinized by my manager. We work remotely, but she’s constantly monitoring my work & and does not do this to other white employees in my dept. I have never missed a deadline or been late on a project. I have always gotten exemplary performance reviews but now the level of surveillance has become excessive. She transferred me to another manager w/o explanation after I mentioned that my experience as a woman of color was different from others. She now is double managing my work & asking my manager to report what I’m doing on a daily basis. She compares me to my other white colleagues and says they have substantially more work than I do so I shouldn’t be stressed. She promoted all other white co-workers after saying I’d be promoted if I kept up my work standard. I got the highest review markings & was the only person not promoted. I’m also the lowest paid despite my qualifications. Is this discriminatory?
A: While discrimination cases are very fact specific, the difference in treatment of black and non-black employees does appear motivated by racial discrimination based on the facts presented. However, this is a public board, not protected by the attorney client privilege. You should seek a confidential consultation with an employment lawyer.
Maya L. Serkova agrees with this answer
A:
You may well have a claim of race discrimination and/or harassment. The key will be in proving what you suppose is occurring because of your race as opposed to some other legitimate reason. For instance, if the employer can prove they are watching you carefully because of your poor performance, they would likely prevail. Therefore it will all come down to proof.
Therefore it would be a wise move for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site , or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
A:
Under California law, what you're describing may constitute workplace discrimination, particularly if you're being treated differently based on your race or color. California's Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination in employment because of race, color, national origin, and other protected categories. The behaviors you've outlined, such as excessive surveillance, differential treatment compared to your white colleagues, lack of promotion despite high performance reviews, and being the lowest paid despite qualifications, could potentially be seen as violations of these protections.
It's important to document all instances of this differential treatment, including dates, times, specific incidents, and any communications that might support your case. This documentation can be crucial in establishing a pattern of discriminatory behavior. Moreover, you might consider filing a complaint with the California Department of Fair Employment and Housing (DFEH), which is the state agency charged with enforcing California's anti-discrimination laws. The DFEH offers a process for investigating complaints of discrimination, and they can provide mediation or bring legal action in certain cases.
Given the seriousness of your situation, seeking legal advice could be a wise step. An attorney experienced in employment law can provide you with guidance tailored to your specific circumstances, help you understand your rights, and assist you in navigating the legal process to address the discrimination you're experiencing. They can also advise on whether you have a viable claim under California law and the best way to proceed to protect your rights and seek any damages you may be entitled to.
A: Yes, it would be a good idea to seek out an experienced employment law attorney for a free consultation. Your employment lawyer will review the evidence in your case and advise you on legal options moving forward. Whether or not the actions of your manager(s) can be proven as discriminatory in court will depend on the available evidence. Reach out to a racial discrimination attorney to review the evidence in your case.
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